Evidence

Evidence
U.S. v. Jones, No. 09-1740 et al. Cons. (April 7, 2010) S.D. Ind., Evansville Div. Affirmed and vacated in part and remanded
Defendant was entitled to new trial on drug conspiracy charge where police officer was allowed to identify defendant's voice on recorded conversation where said identification was based in part on officer's claim that he had overheard conversation between defendant and his counsel prior to court hearing. Admission of officer's testimony precluded defendant's counsel from conveying to jury in any meaningful way fact that defendant had disputed officer's claim that conversation with defendant's counsel had occurred, and officer's other basis for making said identification was limited to brief statements defendant had made in-court. Moreover, Dis t. Ct. should have explored conflict of interest arising out of advocate witness rule before denying defendant's motion for mistrial