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091930P.pdf 07/30/2010 United States v. Barry Jewell
U.S. Court of Appeals Case No: 09-1930
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges]
Criminal case - criminal law. Admission of a videotape of a deposition
of defendant related to the government's failed attempted to convict
defendant of conspiracy to commit mail fraud and it is unlikely that it had
any impact on defendant's tax evasion conviction; defendant is estopped
from challenging the district court's ruling denying his motion to strike
the testimony of one of his law partners after he invoked the Fifth
Amendment as defendant invited the error; limits on cross-examination
of a former law partner were not error as defendant was able to attack the
witness's credibility through other means; no error in denying defendant's
motion to disclose that former partner's presentence report as defendant
did not make a showing of special need for the information; admission of
evidence of a separate tax evasion scheme was proper as the evidence
was relevant to defendant's intent; evidence was sufficient to support
defendant's conviction for tax evasion; instructions on the offense did not
constructively amend the indictment; no Jencks Act violation was
established; district court did not abuse its discretion by denying a request
for an in camera review of supposed Brady materials; district court erred
when it refused to allow a witness to testify as to another witness's
reputation for truthfulness, but the error was harmless; no error in
rejecting defendant's proposed instructions; prosecution's closing
arguments were not improper; no error in denying motion for new trial
based on alleged Brady violations and claims of newly-discovered
evidence.