United States v. Dean

980 F.2d 1286 (9th Cir 1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Deputy Sheriff Needham testified that Darryl Long approached him while he and another deputy were having lunch at a restaurant. Over a hearsay objection by D, the trial court allowed Deputy Needham to testify as to statements Long made to him at the restaurant. Long said that he had gone to the mobile home of Dean's wife, earlier in the day to take her to a bingo game. Long said that when he arrived, D extorted money from him by discharging a gun near his ear. D renewed the hearsay objection. The court instructed the jury that Long's statements were not offered for their truth, but only to show the reason Needham later went to the mobile home. Deputy Needham and another officer then went to the mobile home. D was asleep inside the home. Mary Dean and Robert Brown, a co-owner of the home, were also there and they consented to a search of the home. The officers found a gun in a closed compartment under the fold-out bed on which Dean was lying when the officers arrived. Mary Dean testified that she and Robert Brown were the sole co-owners of the mobile home and that Dean did not live there. D was convicted and appealed.