DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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091036P.pdf 01/05/2010 United States v. Peter James Smith
U.S. Court of Appeals Case No: 09-1036
District of North Dakota - Fargo
[PUBLISHED] [Gruender, Author, with Riley and Smith, Circuit Judges]
Criminal case - criminal law. The government properly authenticated a
DVD of the victim's forensic interview for admission under Rule 901;
DVD was admissible under Rule 807 and U.S. v. Thunderhorse, 370 F.3d
745 (8th Cir. 2004); admission of the DVD did not violate Rule 611(b), as
the matters discussed in the interview were not beyond the scope of
defendant's direct examination of the forensic examiner; examiner was
qualified to give her lay opinion based on her examination and personal
knowledge and experience, and admission of her testimony was proper
under Rule 701.