United Statesv.Fey
CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.22-11373
DecidedDecember 28, 2023
Reporter2023 U.S. App. LEXIS
JudgesEleventh Circuit panel; see published opinion.
Tags
CriminalEvidenceFederal Rules of EvidenceNoticeTrial PracticeSpecialized ProofHarmless ErrorTales From the CryptMurder & Mayhem
Case Summary
David Fey and Shari Gunter were convicted of distributing methamphetamine and conspiring to kill a cooperating witness after they discussed giving Kristin Brown a fatal “hot shot.” On appeal they challenged evidence that Fey tried to hire a killer, the absence of a spoliation instruction, and testimony that a coconspirator later died of an overdose. The Eleventh Circuit held that any evidentiary errors were harmless and that the requested instruction was not warranted; it affirmed both convictions.
Opinion
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