083172P.pdf   07/30/2010  United States  v.  Michael Dale
   U.S. Court of Appeals Case No:  08-3172
                          and No:  08-3246
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Bye, Author, with Arnold and Smith, Circuit Judges]
   Criminal case - criminal law. Defendant Dale's prosecution for the
   present offenses had not yet commenced when he made an incriminating
   statement to a fellow prisoner, and admission of the statement did not
   violate his Sixth Amendment rights; government's use of a prisoner to
   record Dale's statements in violation of a detention order which
   prohibited the mixing of pretrial detainees and prisoners did not violate
   Dale's rights; an out-of-court statement of a co-defendant made
   unknowingly to a government agent is not testimonial within the meaning
   of Crawford, and admission of the statement did not violate defendant
   Johnson's rights; limits on Johnson's cross-examination of two witnesses
   to prevent them from testifying about Dale's involvement in an unrelated
   murder were necessary to prevent undue prejudice to Dale, and Johnson
   still had an adequate opportunity to impeach their credibility; no error in
   denying motion to sever; district court did not err in declining to dismiss
   a juror who questioned his ability to be impartial as the court questioned
   the juror who later repudiated his statements and assured the court he
   could be impartial; no error in denying several motions for mistrial (see
   opinion for details); evidence was sufficient to support defendant
   Johnson's convictions for conspiracy to distribute cocaine and for murder.
   Judge Arnold, concurring in part and dissenting in part.