United States v. Craig
953 F.3d 898 (6th Cir. 2020)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
D was involved in a high-speed shootout. D was apprehended wearing a shoulder holster and with gunshot residue on his hands. Officers later surveyed an abandoned SUV and discovered bullet holes in the rear of the vehicle. In the backseat, officers located a 9mm firearm with an extended magazine with a shell casing jammed in the chamber. D’s DNA was identified on the firearm discovered. D was charged with being a felon in possession of a firearm. D admitted that he possessed a firearm while being a felon but testified that he possessed the gun only long enough to defend himself and his friends during the firefight. Before D took the stand, P had indicated it would seek to impeach D on cross-examination with a video depicting a masked individual rapping and wielding a firearm. During cross-examination, D testified that he had never seen a firearm with an extended magazine in his personal life. P asked if D had ever done raps, to which he responded affirmatively. P played for the jury a rap video depicting a masked individual rapping while holding an extended magazine firearm. When asked by the P if he was the masked individual, D replied no. D objected because the video was unauthenticated, the individual in the video was wearing a mask and could not be identified, and the video was more prejudicial than probative. P claimed that two officers testified that they had observed a Facebook video of a person they believed to be D wearing the same jacket and holding the firearm for which Craig was arrested. The video was not in evidence, but P made pointed reference to it during closing arguments. During deliberations, the only thing the jury asked was to see the rap video again but were informed it was not in evidence and had to recall it from memory. D was convicted. D appealed contending in part that the court erred by allowing P to play the rap video for the jury because it was not authenticated.
Issues
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Holding & Decision
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Legal Analysis
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