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U.S. v. BLYDEN

No. 91-3482.

964 F.2d 1375 (1992)

UNITED STATES of America, Appellant, v. Anthony BLYDEN and Allen Van Putten, Appellees.

United States Court of Appeals, Third Circuit.

Decided June 1, 1992.

Attorney(s) appearing for the Case

Terry M. Halpern, U.S. Atty., Susan R. Via (argued), Asst. U.S. Atty., Hugh P. Mabe, III, Asst. U.S. Atty., Office of the U.S. Atty., Charlotte Amalie, St. Thomas, U.S. Virgin Islands, Thomas E. Booth, U.S. Dept. of Justice, Criminal Div., Washington, D.C., for appellant.

Leonard B. Francis, Jr. (argued), Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellee Blyden.

James L. Hymes, III (argued), Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellee Van Putten.

Before SLOVITER, Chief Judge, MANSMANN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In light of the defendants' previous acquittals on charges of assault, the trial judge issued an in limine order barring evidence of the alleged attack in a prosecution for other offenses arising out of that same incident. Because the proffered evidence is essential to prove an element of one count in the pending trial, we conclude that Federal Rules of Evidence 403 and 404(b) do not bar admission. Accordingly...

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