Miller, one of D's associates, was riding in a car with Francis. Miller told Francis to pull over so Miller could urinate. Moments later, a masked gunman fired multiple shots from a Ruger 9mm firearm into the car. When Miller returned to the car, he found Francis shot alive and on the phone with a 911 dispatcher. He then drove Francis to the hospital. Francis died from his injuries on January 15, 2011. D and Miller were indicted for conspiring to commit witness tampering by murdering Francis. While incarcerated at the Wyatt Detention Center D conspired to kill Jernigan to prevent him from testifying. During the trial, P entered exhibit 65. It was a summary chart of phone bills pertaining to phone calls and text messages from December 21, 2010. The chart depicted the fact of certain communications between five men on the night that Francis was shot. It identified each man by his name and picture and indicated whether each communication was a call or text, the time of the communication, and who initiated it. The summarized phone bills did not identify D, Miller, Francis, Jones, or Jernigan by name or image, but additional evidence in the record linked these men to the phone numbers appearing on the bills. It was admitted as substantive evidence pursuant to Rule 1006, which allows a party to 'use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court.' D was convicted and appealed. D claims the evidence was not admissible under Rule 1006 because it summarized at most eight pages of recordings, did not specify the length of each call or the phone numbers of the originating and receiving calls, was 'highly selective' in terms of which calls it included and included evidence obtained from FBI experts and not the phone bills.

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