Federal Rules of Evidence

Examines Fifth Circuit case, United States v. Bagley. Bagley was found guilty of possession of heroin with intent to distribute. At trial, inmate, Duke, was to testify that his cellmate, Schropshire, told Bagley the items he possessed was Valium, not heroin. However Schropshire, died before he could corroborate Duke’s statement. Duke’s statement was excluded during the trial as inadmissible hearsay since Schropshire was unable to corroborate this statement. On appeal, the Fifth Circuit in United States v. Bagley correctly followed the limits imposed by Federal Rule of Evidence 804(b)(3) by holding that the trial judge committed no reversible error.