United States v. Montana

199 F.3d 947 (7th Cir. 1999)

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Nature of the Case

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Facts

James Dodd committed the actual robbery. D drove the getaway car. Dodd pleaded guilty and testified at D's trial. Dodd testified that Montana had not known that Dodd was planning to rob the bank. Shortly before the end of the trial, Dodd gave D's lawyer a note for D's mother, who after she read it told the lawyer that the note demanded money in exchange for Dodd's having testified favorably to D. The next day a deputy U.S. marshal heard Dodd tell D to tell D's father that 'it's going to be $10,000' for the favorable testimony. The court allowed the marshal to testify to what he had heard and permitted the jury to learn that Dodd had passed a note to D's mother, but not that D's lawyer had been the courier. D was convicted and appealed. At issue, in part, was the admissibility of the marshal's testimony.