United States v. Weeks

919 F.2d 248 (5th Cir. 1990)

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Nature of the Case

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Facts

During trial the district court allowed P to display a firearm to the jury even though it was not connected to D. The firearm belonged to a P firearms expert and was identified by kidnap victim Mayeaux as looking similar to the weapon that D took from the trunk of her car and used during the offenses. The court did not admit the firearm into evidence but allowed it to be displayed for 'demonstrative purposes only.' The court instructed the jury that the revolver they had seen was merely a model similar to the one used in the crime. At trial, D objected because the prosecutor 'clicked the gun and tried it again, emphasizing the use of it. It inflames the jury panel. I would object to him trying to point the gun and play with the handle, and he clicks it so it's that much more intimidating.' D was convicted and appealed.