Brief Fact Summary. Defendant, Ulysses Biggins, was convicted for possessing and distributing heroin. A crucial piece of evidence in the case against him was a tape recording.
Synopsis of Rule of Law. Offering evidence proving the accuracy of a tape recording is necessary to allow the recording to be admitted into evidence.
Issue. Was the government’s foundation for admitting the tape recording deficient because it failed to satisfy the McMillan test?
Held. Justice Goldberg issued the opinion for the United States Fifth Circuit Court of Appeals in holding that the district court was correct in admitting the sound recording into evidence.
Discussion. The Court of Appeals noted that establishing facts that show the accuracy of the recording are more important than a formalistic procedure for admitting evidence.