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United States v. Pursley

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Before MURPHY, BALDOCK, and HOLMES, Circuit Judges.

Defendant Carl William Pursley, Jr., was charged, along with three co-defendants, (1) with conspiring to retaliate against a witness in violation of 18 U.S.C. §§ 1513(b)(1) and 371 (2005),*fn1 and (2) with retaliating against a witness in violation of 18 U.S.C. § 1513(b)(1) and aiding and abetting the commission of this crime in violation of 18 U.S.C. § 2. The testimony of a witness named Jessie Cluff had been used to secure a conviction against Mr. Pursley for various tax-fraud offenses. After testifying, Mr. Cluff was brutally beaten in a cell at the courthouse. A video camera captured the attack. Mr. Pursley was convicted on both counts along with his co-defendants.

On appeal, Mr. Pursley challenges many of the district court’s procedural and evidentiary rulings. Procedurally, Mr. Pursley argues that the district court abused its discretion in refusing to sever his trial from that of his co-defendants, in refusing to grant his motions to continue the trial, and in refusing to grant his subpoena requests. With respect to the district court’s evidentiary rulings, Mr. Pursley argues that the district court improperly admitted both testimonial hearsay from the victim and an excerpt of Mr. Pursley’s opening argument in the tax-fraud case.

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