DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072600P.pdf 12/01/2008 United States v. John Street
U.S. Court of Appeals Case No: 07-2600
and No: 08-2109
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Murphy, Author, with Arnold and Benton, Circuit Judges]
Criminal case - criminal law. District court did not abuse its discretion
in denying defendant's request to call additional witnesses to testify about
defendant's out of court statements as the testimony would have been
cumulative to evidence already admitted; any error in admitting evidence
concerning defendant's weapons cache was harmless; any limitations on
cross-examination of government witness Long to challenge her
credibility were harmless as other evidence had been admitted for the
same purpose; no error in limits on cross-examination of government
witness Pospisli; jail house informant's testimony that defendant admitted
failing a lie detector test about the murder at issue in the case was
prejudicial and the prejudice was not cured by the court's instruction
regarding the admissibility and reliability of lie detector tests; admission
of impermissible evidence concerning the El Forasteros motorcycle was
also grounds for a mistrial; case remanded for a new trial as a result of
the these two evidentiary errors.