Brief Fact Summary. The defendants, Grady and others (the “defendants”), were convicted of false statements and illegally exporting firearms to Northern Ireland. The defendants argued that a police report prepared by Irish police should not have been admitted as evidence.
Synopsis of Rule of Law. Records prepared by law enforcement personnel are not excluded from admissibility under Federal Rules of Evidence (“F.R.E.”) Rule 803(8)(B) if they are related to a routine function that do not begin the government’s case.
Issue. Whether the report prepared by foreign law enforcement personnel is admissible despite the restrictive language of FRE Rule 803(8)(B)?
Held. The court allowed the admission of the Irish police record because it was prepared as part of a routine that is separate from the preparation of the case against the defendants.
‘the prejudice that must be shown to justify reversal for a discovery violation is a likelihood that the verdict would have been different had the government complied with the discovery rules,’ .View Full Point of Law