UNITED STATES V. MOORE
651 F.3d 30 (D.C.Cir. 2011)
NATURE OF THE CASE: Moore (Ds) appealed multiple convictions including drug conspiracy,
Racketeering Influenced and Corrupt Organizations Act conspiracy, continuing criminal
enterprise, murder, and other related charges based on the United States (P) usage of an
overview witness at the beginning of the trial.
FACTS: FBI Agent Sparks testified as the first witness in the government's case-in-chief.
His testimony provided an overview of the government's case, setting forth for the jury the
script of the testimony and evidence the jury could expect the government to present in its
case-in-chief. He expressed his opinion, based on his training and experience, about the
nature of the investigation conducted in this case. Ds were eventually convicted and on
appeal challenged the usage of an overview witness improperly permitted the government, over
defense objections, to elicit FBI Agent Sparks's opinions about the charged crimes, the
reasons for appellants' actions in various circumstances, the nature of the charged
conspiracy and the relationships between coconspirators, including the cooperating
co-conspirators who testified as government witnesses, and the strength of the evidence -
all before the government had presented any such evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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