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Agent Segarra's statements right here once again operate afoul of Rule 701's demand that lay view testimony be "beneficial to a obvious comprehension of the witness' testimony or the dedication of a reality at situation." Fed. Watch "Orange Trees" here. Watch "Wake Up" right here. However, because Agent Rivera's later on testimony corroborated Agent Segarra's statements regarding forensic analysis results, we conclude that any hearsay challenge below was harmless below evaluate for possibly simple error or abuse of discretion. Lastly, Vázquez alleges that a sizeable portion of Agent Segarra's testimony through redirect assessment quantities to simple error. Having concluded that substantially of the challenged testimony constituted evident error, we have to now evaluate whether Vázquez can "surmount the high hurdle of basic error evaluation and present that the inappropriate remarks influenced the result of the trial." United States v. (Feliciano) Rodríguez, 525 F.3d 85, 96 (1st Cir.2008). This testimony was admitted in error. This inquiry is "significantly similar" to the normal we adhere to in harmless mistake investigation, with the included wrinkle that "the petitioner, not the governing administration, `bears the stress of persuasion with respect to prejudice.'" Ramírez-Burgos v. United States, 313 F.3d 23, 29 (1st Cir.2002) (quoting United States v. Olano, 507 U.S. See, e.g., United States v. Sims, 428 F.3d 945, 950 (tenth Cir.2005) United States v. Chriswell, 401 F.3d 459, 460 (6th Cir.2005) United States v. Cherian, fifty eight Fed.Appx

Although the situation from Vázquez was mostly based on circumstantial evidence, the jury was also cost-free to assign the evidence in opposition to him as significantly body weight as it considered appropriate. As the fast case indicates, when the subject of the investigation communicates at all times through an on the web alias or "screen title" and other individuals have entry to the laptop or computer utilized to communicate with undercover law enforcement brokers, it becomes all the far more required for the investigation to accumulate proof, immediate or circumstantial, that will url the prohibited perform to the defendant over and above a jury's acceptable doubt. Our issue, however, is that the prosecution's repeated and considerable use of poor testimony may possibly have influenced the jury at the very likely price of Vázquez's efforts to mount an satisfactory defense. When Sam and Josh try out to check with her for dirt on any Republicans she might have labored with she angrily throws them out alternatively than give them nearly anything. This testimony is rife with the Rule 701-relevant risks we have by now reviewed at length previously mentioned and in other prior scenarios

Meises, 645 F.3d at sixteen (inner citations and quotation marks omitted) see also Lynch v. City of Boston, 180 F.3d 1, seventeen (1st Cir.1999). See Fed.R.Evid. 602, 701 see also Rosa-do-Pérez, 605 F.3d at fifty five ("A foundation should really be laid creating the basis of a witness's know-how, view, or know-how."). While the prosecution appears to have laid an satisfactory basis for Agent Segarra to testify about the methods taken in the investigation, the on line chats she experienced with the individual making use of the display names IncestoPR and Secreto, and Cdn01.veeds.com the merchandise, gatherings, and outfits she noticed whilst she executed the research warrant on Vázquez's household, Agent Segarra's testimony as to Vázquez's identification, based mostly on the investigation as a complete, was evidently incorrect. The online video for "Cheap Queen" embodies quite a few of the motives why supporters, specifically in the LGBTQ local community, have gravitated toward King Princess. Watch "Cheap Queen" in this article. Watch "Don't Call Me Angel" listed here

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