United States v. Shepherd

1 Citing case

  1. State v. Voorheis

    2004 Vt. 10 (Vt. 2004)   Cited 9 times
    Recognizing that "trial court determines the admissibility of evidence, including preliminary questions of whether statements fall within exceptions to the hearsay rule," and Supreme Court reviews decision only for abuse of discretion

    A request of this nature cannot be offered for its truth because it is neither true or false. See United States v. Shepherd, 739 F.2d 510, 514 (10th Cir. 1984) ("An order or instruction is, by its nature, neither true nor false and thus cannot be offered for its truth."); United States v. Keane, 522 F.2d 534, 558 (7th Cir. 1975) (same).