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Non-Expert DEA Testimony About Phone Call Meaning Requires Reversal

By Jonathan Byrne

US v. Johnson: Johnson was charged in a multi-defendant indictment with conspiracy to distribute cocaine. At trial the Government presented non-expert testimony from a DEA agent that included testimony interpreting phrases in phone conversations between Johnson and an informant. In addition, the Government presented testimony from another witness, then in prison, who claimed to have bought cocaine from Johnson years before the conspiracy at issue at trial. Johnson was convicted and sentenced to 220 months in prison.On appeal, the Fourth Circuit reversed Johnson's conviction on two grounds. First, the court agreed with Johnson that the DEA agent's testimony violated FRE 701, in that it was lay opinion testimony (he was never certified as an expert, remember) not based on personal knowledge...continue to full post

Full post as published by Fourth Circuit Blog on August 19, 2010 (boomark / email).