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U.S. v. TAPLIN

No. 90-6198.

954 F.2d 1256 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Collin TAPLIN, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1992.

Attorney(s) appearing for the Case

Ed Bryant, U.S. Atty., Frederick H. Godwin, Asst. U.S. Atty. (argued and briefed), Office of U.S. Atty., Memphis, Tenn., for plaintiff-appellee.

Ross E. Alderman, Sr., Asst. Pub. Defender, Davidson County Public Defender's Office, Nashville, Tenn. (argued and briefed), for defendant-appellant.

Before NELSON and SUHRHEINRICH, Circuit Judges, and HARVEY, Senior District Judge.

SUHRHEINRICH, Circuit Judge.

At issue in this appeal is whether the district court erroneously admitted into evidence the pretrial testimony of a co-conspirator. Defendant submits that Fed.R.Evid. 804(b)(1) and the Confrontation Clause of the Sixth Amendment were violated by the admission at trial of statements made in a suppression hearing. Because we find a breach of Rule 804(b)(1), we reverse.

I

In February 1989 defendant Collin Taplin, Jr., and...

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