Darryl Malloy v. United States

Dissenting opinion by Associate Judge McLeese, at page 822

Ferren, Senior Judge:

After a jury trial, appellant Darryl Malloy was acquitted of several gun charges but convicted of a felony threat.1 On appeal, he argues for reversal on three grounds:

1. The trial court abused its discretion by admitting in evidence testimony about an uncharged prior threat by Malloy against complainant Anthony Johnson.

2. The trial court also abused its discretion in (a) precluding admission of certain out-of-court statements made by Malloy and Johnson during the charged incident, and (b) limiting the jury's…