Brooks v. United States

RUIZ, Associate Judge,

Retired:

Don L. Brooks was indicted for first-degree murder while armed 1 and related weapons offenses 2 arising out of the shooting death of Brian Taylor on September 16, 2008. Appellant’s first trial resulted in a mistrial after the jury was unable to reach a unanimous verdict; after a second trial on the same charges, the jury found appellant guilty on all counts. 3

Appellant’s principal argument on appeal is that the government should not have been permitted to introduce at his second trial, in lieu of live testimony, the recorded testimony that was presented in the…