Home / Opinion Digests Criminal Law / FBI Expert Mixed ‘Fact’ Testimony with ‘Opinion’ (access required)

FBI Expert Mixed ‘Fact’ Testimony with ‘Opinion’ (access required)

An FBI agent was properly qualified as an expert on “code” words used in alleged drug traffickers’ recorded telephone conversations, but the agent’s “conflated” testimony as both a “fact” witness and an “expert” witness failed to prevent substantial prejudice, and the 4th Circuit vacates defendant’s drug trafficking convictions and remands the case. Although the FBI agent ...

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