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U.S. v. BURKS

No. 19-6010.

974 F.3d 622 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. Maurice Duncan BURKS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2020.

Attorney(s) appearing for the Case

ARGUED: Cecil W. VanDevender , UNITED STATES ATTORNEY'S OFFICE, Nashville, Tennessee, for Appellant. John Bailey , Brentwood, Tennessee, for Appellee. ON BRIEF: Cecil W. VanDevender , Ben Schrader , UNITED STATES ATTORNEY'S OFFICE, Nashville, Tennessee, for Appellant. John Bailey , Brentwood, Tennessee, for Appellee.

SUTTON, J., delivered the opinion of the court in which BOGGS, J., joined. WHITE, J. (pp. 628-37), delivered a separate dissenting opinion.

OPINION

A jury convicted Maurice Burks for murdering Malcolm Wright. Burks moved for an acquittal and a new trial, pointing to inconsistencies in witness testimony and a lack of physical evidence. The district court denied Burks's motion for an acquittal but ordered a new trial on the murder charges. The government...

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