United States v. Heidi Haischer

Heidi Haischer appeals her jury trial conviction and sentence for committing and conspiring to commit wire fraud in violation of 18 U.S.C. § 1343 and 18 U.S.C. § 1349 . We conclude that, under the circumstances of this case, the district court’s decision to exclude all evidence of Haischer’s alleged abuse at the hands of her then-boyfriend (and alleged co-conspirator), and to instruct the jury to- disregard this evidence in its entirety, was error. Because this erroneous evidentiary ruling violated Haischer’s due process right to present a complete defense, and because the constitutional error was not harmless, we vacate the judgment of conviction and remand for further proceedings.

I. Background

Haiseher was indicted in 2011 on two counts: wire fraud, in violation of 18 U.S.C. § 1343 ; and conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349 . The indictment alleged that Haiseher participated in a scheme to secure mortgages on two properties in Nevada in 2006 and 2007 by using false information in loan applications and supporting documents. She pled not guilty and went to trial.

The evidence presented at trial included the following. In 2006, Haiseher was…