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Keywords

defendanttrialtestimonymotionjury instructions
defendanttrialtestimonymotionjury instructions

Related Cases

U.S. v. Mark Carter

Facts

Randolph Carter and two other persons were indicted in October 1974 for bank robbery in violation of 18 U.S.C. 2 and 2113(a) and (d). Carter was a fugitive when his co-defendants were arraigned on October 18, 1974. After being apprehended, he was arraigned on November 12, 1974, and subsequently convicted by a jury and sentenced to twenty years in prison.

Randolph Carter and two other persons were indicted in October 1974 for bank robbery in violation of 18 U.S.C. 2 and 2113(a) and (d). Carter was a fugitive when his co-defendants were arraigned on October 18, 1974. After being apprehended, he was arraigned on November 12, 1974, and subsequently convicted by a jury and sentenced to twenty years in prison.

Issue

Did the district court err in allowing the defendant to be fingerprinted and in denying his motion for the appointment of an additional fingerprint expert?

Did the district court err in allowing the defendant to be fingerprinted and in denying his motion for the appointment of an additional fingerprint expert?

Rule

The court found that the fingerprint evidence was not privileged information and that the obtaining of this evidence was not a 'critical stage' where the defendant must be afforded counsel. Additionally, the decision to grant a motion for a new trial is within the discretion of the trial court, and evidence that is merely impeaching is not sufficient to warrant a new trial unless extraordinary circumstances are present.

The court found that the fingerprint evidence was not privileged information and that the obtaining of this evidence was not a 'critical stage' where the defendant must be afforded counsel. Additionally, the decision to grant a motion for a new trial is within the discretion of the trial court, and evidence that is merely impeaching is not sufficient to warrant a new trial unless extraordinary circumstances are present.

Analysis

The court applied the rule by determining that the fingerprint evidence was not privileged and that the defendant's rights were not violated during the fingerprinting process. The court also noted that the defendant failed to properly object to the jury instructions regarding expert testimony, which further weakened his position. The court found no extraordinary circumstances that would justify a new trial.

The court applied the rule by determining that the fingerprint evidence was not privileged and that the defendant's rights were not violated during the fingerprinting process. The court also noted that the defendant failed to properly object to the jury instructions regarding expert testimony, which further weakened his position. The court found no extraordinary circumstances that would justify a new trial.

Conclusion

The court affirmed the defendant's conviction, concluding that there was no reversible error in the district court's decisions.

The court affirmed the defendant's conviction, concluding that there was no reversible error in the district court's decisions.

Who won?

The United States prevailed in the case as the court affirmed the conviction of Randolph Carter, finding no errors in the trial proceedings.

The United States prevailed in the case as the court affirmed the conviction of Randolph Carter, finding no errors in the trial proceedings.

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