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DC CIRCUIT REVERSES CONVICTION AFTER JUDGE READS JURY UNREDACTED INDICTMENT
The D. C. Circuit Court of Appeals in United States v. Coleman reversed the conviction of Chauncey L. Coleman for possession of a gun by a convicted felon after the trial judge read an unredacted indictment to the jury. Prior to trial the parties stipulated that Coleman had a prior felony conviction. Yet the judge read to the jury the entire indictment including the allegation that he had a prior robbery conviction which involved a gun.
On July 10, 2004 Washington police officers James Boteler and James Harris went to an apartment building in response to complaints about drug use in vacant units. From the second floor landing Boteler saw five people in the unit including Coleman who was holding what appeared to be a crack pipe. Boteler entered the apartment and announced, “Police.” At this point, according to Boteler, Coleman dropped a gun from his waistband. None of this was seen by Harris.
At trial Coleman testified that the gun was not his.
The Court held “where proof of the defendant’s prior felon status is required, it is reversible error for the district court to read to the jury the unredacted indictment referring to the prior felony offense where the defense has offered to stipulate felon status and either a defense is compromised or the government’s evidence of guilt is not ‘strong.’†In this case the Court ruled that the evidence against Coleman was not strong. It was a credibility test between Coleman and Boteler. The reading of the unredacted indictment in effect brought into question Coleman ‘s veracity since he had a prior conviction using a weapon. As a result the Court found that the reading of the indictment resulted in “manifest prejudice,” Coleman’s Sixth Amendment Right to a fair trial had been adversely affected, and tthe conviction had to be reversed.




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