Shaver
United States v. Shaver
Opinion
Opinion
Lorenz, J.
MODIFIED ORDER
Following extensive briefing and oral argument, the Court took under submission several issues raised by Defendant Kellie Shaver (“Defendant” or “Ms. Shaver”) in her Motion for a Judgment of Acquittal or, alternatively, Motion for a New Trial. The Court, having fully considered the submissions and argument of the parties, as well as the applicable authorities, concludes that a new trial is indeed warranted. Accordingly, Defendant’s Motion for a New Trial is GRANTED.
The Court harbors serious concerns regarding the overall fairness of Ms. Shaver’s trial due to the introduction of prejudicial evidence, namely the alleged “bricks/ blocks” evidence that was referenced in recorded “jailhouse” telephone calls made subsequent to Defendant’s arrest. The Court’s concerns first arose when it learned that the Government failed to disclose to the Court material testimony that the “bricks/blocks” were potentially marijuana, not methamphetamine. A series of actions later taken by the Government now leads to the conclusion that admission of the testimony that the “bricks/blocks” evidence as methamphetamine was in error.