Constructive Amendment of The Indictment
The Fifth Circuit reverses false-statement and firearms convictions because the district court constructively amended the indictment by its jury instructions.
Confrontation and Investigative Background Testimony
The Fifth Circuit reverses conviction, holding that the Government’s introduction of investigative background testimony violated the Confrontation Clause.
New Trials Under FRCP 33
The Fifth Circuit affirms that a district court, sitting as a thirteenth juror, can grant a new trial even if the evidence was sufficient for conviction.
Sixth Amendment Right to UnConflicted Counsel
The Fifth Circuit remands for a limited evidentiary hearing on whether a defendant’s lawyer’s representation of the Government’s star witness resulted in actual prejudice.