UNITED STATES V. ARNOLD
486 F.3d 177 (2007)
NATURE OF THE CASE: Arnold (D) challenges his felon-in-possession-of-a-firearm
conviction, contending that the evidence does not support the verdict, that the district
court violated his Confrontation Clause rights by admitting testimonial hearsay and that the
district court made several erroneous evidentiary rulings during the course of the trial.
FACTS: Gordon called 911 and told the emergency operator: 'I need police.... Me and my
mama's boyfriend got into it, he went in the house and got a pistol, and pulled it out on
me. I guess he's fixing to shoot me, so I got in my car and [inaudible] left. I'm right
around the corner from the house.' D, a convicted murderer was identified by Gordon with the
gun. Officers arrived and Gordon stated that D had pulled a gun on her and was trying to
kill her. Gordon was described as visibly shaken by the incident. D was patted down and in
the car officers found a black handgun inside a clear, plastic bag directly under the
passenger seat where D had been sitting. D was charged with being a felon in possession of a
firearm. Gordon did not appear to testify at trial but she was subpoenaed. The court
admitted a redacted recording of the 911 call and Gordon's two statements at the scene under
the 'excited utterance' exception to the hearsay rule. D was found guilty and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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