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U.S. v. KING

Docket No. 97-1615.

134 F.3d 1173 (1998)

UNITED STATES of America, Appellant, v. Don KING and Don King Productions, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Baruch Weiss, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Laura Grossfield Birger, Christine H. Chung, Asst. U.S. Attys., New York City, on the brief), for appellant.

Peter E. Fleming, Jr., New York City (Benard V. Preziosi, Jr., Michael Quinn, Curtis, Mallet-Prevost, New York City, on the brief), for defendant-appellee Don King.

William H. Murphy, Jr., Baltimore, MD (Anthony B. Covington, Deborah Liu, William H. Murphy, Jr. & Associates, Baltimore, MD, on the brief), for defendant-appellee Don King Productions, Inc.

Before: WINTER, Chief Judge, FEINBERG and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This interlocutory criminal appeal, pursuant to 18 U.S.C. § 3731, primarily concerns a Confrontation Clause issue arising in the context of a closely held corporation. The specific issue is whether the Confrontation Clause bars the Government from offering in evidence against a corporation testimony of the corporation's president and sole shareholder, given at a prior criminal trial at which the corporate officer, but not his corporation...

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