United States v. James Smithers
Court of Appeals for the Sixth Circuit
1Opinion of the Court
MARBLEY, D. J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, J. (pp. 318-32), delivered a separate dissenting opinion.
MARBLEY, District Judge.
Appellant James Smithers was convicted of bank robbery in violation of 18 U.S.C. § 2113(a). Smithers now appeals various aspects of his trial, including the district court’s exclusion of the testimony of an eyewitness identification expert, the limitation of Smithers’s wife’s testimony, and the district court’s response to questions posed by the jury after it began deliberating. For the following reasons, we REVERSE the…
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