Walter Freeman Jordan, III v. United States
Securities Privacy JusticiabilityDoctri
I. On Appeal WALTER JORDAN argued that the erroneous admission of hearsay evidence that he was the brother of one of the co-defendants caught leaving the robbery at issue in this case constituted reversible error.
The Fifth Circuit held that the error in admitting testimony that Jordan and Wise were brothers was harmless error because substantial evidence supported the jury's verdict that Jordan was guilty of aiding and abetting robbery, during which a firearm was used absent the testimony regarding the relationship between Nico Wise, Jordan's brother and Jordan.
In light of the foregoing, the question presented is as follows:
Did the admission of the unrefuted inadmissible hearsay evidence constitute harmful error. Because the proper application of Federal Rule of Evidence 403 and Federal Rule of Criminal Procedure 52(a) are of exceptional importance to the administration of justice in federal criminal cases, this Court should grant certiorari in this case to decide this question and, and upon review, should reverse the judgment of the Fifth Circuit.
Did the admission of the unrefuted inadmissible hearsay evidence constitute harmful error