United States v. White, No. 11-772 (2d Cir. 2012)Annotate this Case
Defendant appealed from his conviction for possession of a weapon by a person previously convicted of a felony. Defendant argued, inter alia, that the district court improperly (a) excluded evidence that the Government initially discharged the other occupants of the vehicle in which he was traveling with possession of the firearm that the Government claimed was found on his person; and (b) improperly limited cross-examination of a Government witness at trial by barring defendant's use of a prior adverse credibility finding in a similar but unrelated case. The court concluded that the district court's evidentiary rulings were erroneous and that the errors were not harmless. Accordingly, the court vacated the judgment and remanded for a new trial.
The court issued a subsequent related opinion or order on September 28, 2012.