Brief Fact Summary. Defendant Loye, and seven other defendants were charged and convicted for importing marijuana into the United States. A key piece of evidence used against Defendant Loye on one count was a phone call with a DEA agent.
Synopsis of Rule of Law. The standard of admissibility of voice identification is prima facia and circumstantial evidence may be used.
Issue. Was the phone call properly authenticated to be allowed into evidence?
Held. Justice Hill issued the opinion for the United States Fifth Circuit Court of Appeals in reversing the conviction and holding that the phone call was not properly authenticated.
Discussion. There was no evidence offered to proved that the DEA agent actually heard the Defendant’s voice. The two had never met and no voice comparisons were used. It is certainly possible that someone else was using Defendant’s nicknam.