8th Circuit decides N.D. case Thursday, December 15, 2022

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota conspiracy case.

In United States v. Armondo Heredia, Jr. the court held that the admission of a confidential informant's testimony concerning events which took place shortly before the "on or about" date for the conspiracy alleged in the indictment was proper as it went to establish the relationships between the co-conspirators; the testimony was not bad acts evidence since it was offered as direct evidence establishing defendant's participation in the conspiracy; the district court did not abuse its discretion in refusing to exclude the testimony under Rule 403; further any error in admitting the informant's testimony was harmless as the jury verdict is supported by substantial evidence other than the CI's testimony; surprise is not a basis for excluding testimony under Rule 403; argument that defendant was prejudiced by his alleged misidentification in a police report rejected.

Read the court's opinion at: http://media.ca8.uscourts.gov/opndir/22/12/213513P.pdf