UNITED STATES OF AMERICA, APPELLEE,
v.
CORNELIUS FRANKLIN, A/K/A RICK, APPELLANT

8th Cir. | 1984-11-08
No. 84-1702
747 F.2d 497 United States Court of Appeals for the Eighth Circuit (1984) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the district court did not err in admitting tape recordings, informant testimony regarding word meanings, or chemists' testimony.


Facts & Procedural History

Cornelius Franklin was found guilty by a jury of distributing cocaine. He appealed, challenging several evidentiary rulings by the district court.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Cornelius Franklin appeals from an order of the district court1 entered upon a jury verdict finding him guilty of two counts of distributing cocaine in violation of 21 U.S.C. § 841(a)(1). We affirm.

On appeal Franklin contends that the district court erred in admitting into evidence tape recordings of telephone conversations between Franklin and Brenda Williams, an informant, because of lack of an evidentiary foundation. See United States v. McMillan, 508 F. 2d 101, 104 (8th Cir.1974) (evidentiary requirements for in troduction of tape recording), cert. denied, 421 U.S. 916, 95 S.Ct. 1577, 43 L.Ed.2d 782 (1975). Franklin asserts there was no evidence as to the competency of the operator of the recording device and the capability of the device. This contention is without merit. The operator testified that he was competent to operate the recorder and that he had been using the recorder for five years. Furthermore, “[t]he very fact that the tape recordings exist establishes that the recording device was capable of picking up sounds and taking the conversation offered.” United States v. McCowan, 706 F. 2d 863, 865 (8th Cir.1983) (per curiam). “[T]he fact that [the operator] successfully made the tape recordings [] satisfies the competency requirement____” Id.

Franklin also contends that the district court erred in allowing Williams to testify as to her understanding of certain words used by Franklin in the conversations. This point has no merit. When, as here, a witness is in a “position to know what [appellant] meant,” a district court does not abuse its discretion in admitting testimony “as to her understanding of the meaning of the words used by appellant.” Wiley v. United States, 257 F. 2d 900, 908 (8th Cir.1958). In addition, we find that the probative value of the challenged testimony was not outweighed by the danger of unfair prejudice.

Lastly, Franklin contends that the district court erred in admitting the testimony of two government chemists because they did not have an independent recollection of the tests they performed on the cocaine. Again, this point has no merit. The chemists stated that their recollection of the testing was refreshed after pretrial review of reports they had prepared at the time of testing. A witness, prior to testifying, may refresh his recollection with a writing, provided that the requirements of FED.R.EVID. 612 are met. There is no indication in the record that those requirements were not met.

Accordingly, the judgment of the district court is affirmed.

. The Honorable William L. Hungate, United States District Judge for the Eastern District of Missouri.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw