U.S. v. Wolf

1 Analyses of this case by attorneys

  1. Evidence - Rule 801(d)(2)(E) – Co-Conspirator Statements

    Garland, Samuel & Loeb, P.C.Don SamuelSeptember 1, 2015

    While Bourjaily did hold that the statement itself could be considered in ascertaining whether there was a conspiracy, the Court did not change the ultimate question, which is whether the statement was made during the scope of, and in furtherance of, the conspiracy.United States v. Wolf, 839 F.2d 1387 (10th Cir. 1988)A witness testified that the defendant’s wife stated that the defendant hit a child in the stomach. This was merely narrative and was not admissible against the defendant under the co-conspirator exception to the hearsay rule.