United States v. Ivey

60 F.4th 99 (4th Cir. 2023)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Two men with guns entered Club Nikki’s strip club. One of the men was noticeably taller, wore a light gray hoodie, and carried a revolver. The other man was smaller, wore a darker gray hoodie, and carried a semi-automatic pistol. Both men wore baggy clothes, including pants with distinctive patches. The men proceeded to rob the place. Adrian Youngblood was shot and died. The two intruders quickly left the club. Officers got descriptions and almost immediately found them, and chased them until the pickup truck crashed. They eventually detained both robbers and found a revolver on the curb near a bush that the truck had run over. They found the clothes with DNA on them and $355 in cash. They also found a patron’s wallet on the floorboard. D was found in the backyard of a house out of breath and sweating from running after the crash. D was eventually taken to police headquarters. Burke, a homicide detective, reviewed the items that had been confiscated from D's pockets when he was arrested. Burke returned several of those items to D, including a business card and 'a single key on a ring.' The business card had the name and contact information for a state probation officer named Frempong \and an appointment time for 'Thursday at 3:00.' Frempong supervised Youngblood, the victim who was shot and killed at Club Nikki's. Youngblood had other information relating to Frempong in his pockets at the time of his death. D was tried convicted and appealed. D asserts that the district court violated the 'best evidence rule,' by permitting Burke to testify about the contents of the business card that was found in D's pocket after his arrest.

Issues

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Holding & Decision

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Legal Analysis

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