United States v. Louis Phillip Paquet, Jr.
Court of Appeals for the Fifth Circuit
1ConcurrenceGewin, Circuit Judge
Although I agree with the result reached by Judge Coleman’s application of the evidentiary principle denominated “opening the door”,1 I do so for slightly *213different reasons. As expounded upon by Judge Coleman, this principle may be susceptible to treatment as an intractable rule, the violation of which is grounds for reversal per se. Since the Supreme Court has chosen to delimit the categories of trial court evidentiary errors which must invariably result in reversal,2 I would have misgivings about any decision which could be construed to expand that list.
Rather, I choose to bottom my opinion…
2Cases cited21 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Bruton v. United StatesSupreme Court of the United States · 1968
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
- McGautha v. CaliforniaSupreme Court of the United States · 1971
- Lutwak v. United StatesSupreme Court of the United States · 1953
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