Rogers v. United States

ROGERS, Chief Judge,

with whom NEWMAN and FERREN, Associate Judges, and MACK, Associate Judge, Retired, join, concurring in part and dissenting in part:

I join the majority opinion adopting Federal Rule 405(a) permitting lay character witnesses to testify as to their opinion of a defendant as well as their knowledge of the defendant’s reputation. [Majority opinion at 74.]

I am unable to join the majority opinion holding that a reputation character witness may be cross examined by the government concerning the witness’ knowledge of a defendant’s juvenile arrests. To have a consistent body of law…