. The Eighth Circuit Court of Appeals has explained, further, that "[t]he reason for barring extrinsic evidence 'is to avoid holding mini-trials on peripherally related or irrelevant matters.'" United States v. Elliott, 89 F.3d 1360, 1368 (8th Cir. 1996) (quoting United States v. Martz, 964 F.2d 787, 789 (8th Cir.), cert. denied, 506 U.S. 1038, 113 S.Ct. 823, 121 L.Ed.2d 694 (1992)), cert. denied, 519 U.S. 1118, 117 S.Ct. 963, 136 L.Ed.2d 849 (1997). "'To the extent that such evidence is ever admissible, the introduction of extrinsic evidence to attack credibility is subject to the discretion of the trial court.'"
In so deciding, we align ourselves with the majority of circuits that have considered this question. See, e.g., White, 116 F.3d at 912, and [United States v.] Houlihan, 92 F.3d [1271,] 1280 [(1st Cir. 1996), cert. denied, 519 U.S. 1118 (1997)].Emery, 186 F.3d at 926-27.
In so deciding, we align ourselves with the majority of circuits that have considered this question. See, e.g., White, 116 F.3d at 912, and [United States v.] Houlihan, 92 F.3d [1271,] 1280 [(1st Cir. 1996), cert. denied, 519 U.S. 1118 (1997)].Emery, 186 F.3d at 926-27.
Discussion. The doctrine of forfeiture by wrongdoing balances a criminal defendant's rights under the Sixth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights to confront the witnesses against him or her, see Commonwealth v. Greineder, 464 Mass. 580, 589, 984 N.E.2d 804, cert. denied, 571 U.S. 865, 134 S.Ct. 166, 187 L.Ed.2d 114 (2013), with the equitable principle that a defendant should not benefit from his or her wrongdoing in making a witness unavailable to be confronted. See Reynolds v. United States, 98 U.S. 145, 159, 25 L.Ed. 244 (1878) ("the rule has its foundation in the maxim that no one shall be permitted to take advantage of his own wrong"); United States v. Houlihan, 92 F.3d 1271, 1282-1283 (1st Cir. 1996), cert. denied, 519 U.S. 1118, 117 S.Ct. 963, 136 L.Ed.2d 849 (1997) (doctrine "ensure[s] that a wrongdoer does not profit in a court of law by reason of his miscreancy").In 1878, the United States Supreme Court established the doctrine of forfeiture by wrongdoing, declaring, "The Constitution gives the accused the right to a trial at which he should be confronted with the witnesses against him; but if a witness is absent by his own wrongful procurement, he cannot complain if competent evidence is admitted to supply the place of that which he has kept away."
Reynolds v. United States, supra at 159. See Crawford v. Washington, supra at 62 (recognizing "forfeiture by wrongdoing" doctrine based on "essentially equitable grounds"); United States v. Carlson, supra at 1359 ("The Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery"); United States v. Houlihan, 92 F.3d 1271, 1282-1283 (1st Cir. 1996), cert. denied, 519 U.S. 1118 (1997) (doctrine "ensure[s] that a wrongdoer does not profit in a court of law by reason of his miscreancy"). "The rule . . . is [also] based on a public policy protecting the integrity of the adversary process by deterring litigants from acting on strong incentives to prevent the testimony of an adverse witness."
He frames the error as a violation of Batson, but the jurors were dismissed for cause and " Batson applies only to peremptory strikes." United States v. Elliott, 89 F.3d 1360, 1364-65 (8th Cir. 1996), cert. denied, 519 U.S. 1118, 117 S.Ct. 963, 136 L.Ed.2d 849 (1997). The argument on appeal was not clearly preserved in the district court.
That doctrine provides generally that "the manner by which a defendant is brought to trial does not affect the government's ability to try him." United States v. Matta-Ballesteros, 71 F.3d 754, 762 (9th Cir. 1995) (citing Ker v. Illinois, 119 U.S. 436, 444, 7 S.Ct. 225, 30 L.Ed. 421 (1886) and Frisbie v. Collins, 342 U.S. 519, 522, 72 S.Ct. 509, 96 L.Ed. 541 (1952)), cert. denied, 519 U.S. 1118, 117 S.Ct. 965, 136 L.Ed.2d 850 (1997). Struckman maintained that Panama had actually extradited, not deported him, and that the extradition did not comply with the Extradition Treaty between Panama and the United States, in which case the Ker/Frisbie doctrine would not apply.
"A material variance between an indictment and the government's proof at trial occurs if the government proves multiple conspiracies under an indictment alleging only a single conspiracy." United States v. Castro, 89 F.3d 1443, 1450 (11th Cir. 1996), cert. denied, 519 U.S. 1118, 117 S.Ct. 965, 136 L.Ed.2d 850 (1997). Because the jury determines the question of fact as to whether the evidence establishes a single conspiracy, the arguable existence of multiple conspiracies does not constitute a material variance from the indictment if, viewing the evidence in the light most favorable to the Government, a reasonable trier of fact could have found that a single conspiracy existed beyond a reasonable doubt.
Brown, 232 F.3d at 591-92. See also United States v. Morgan, 91 F.3d 1193, 1195 (8th Cir. 1996), cert. denied, 519 U.S. 1118, 117 S.Ct. 965, 136 L.Ed.2d 850 (1997) (district court's ultimate determination that a statement was given in the course of plea negotiations is a mixed question of law and fact reviewed de novo). Martinez argues that he spoke at the meeting only because Moreno-Taxman assured him everything was off the record, because Agent Craft told him on April 28 that he could get him a ten-year deal, and because Moreno-Taxman discussed his connection to several homicides.
Where those essential job functions necessarily implicate the safety of others, plaintiff must demonstrate that she can perform those functions in a way that does not endanger others."); Moses v. American Nonwovens, Inc., 97 F.3d 446, 447 (11th Cir. 1996) (per curiam) ("The employee retains at all times the burden of persuading the jury . . . that he was not a direct threat. . . ."), cert. denied, 519 U.S. 1118, 117 S.Ct. 964, 136 L.Ed.2d 849 (1997). The Fifth Circuit has drawn a line some-where in between the two positions.