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Bourjaily v. United States
Citations: 479 U.S. 881; 107 S. Ct. 268; 55 U.S.L.W. 3257; 93 L. Ed. 2d 246; 1986 U.S. LEXIS 4210Docket: No. 85-6725
Court: Supreme Court of the United States; October 14, 1986; Federal Supreme Court; Federal Appellate Court
Petitioner’s motion for leave to proceed in forma pauperis was granted, along with the grant of certiorari limited to three specific questions. First, the court must address whether, under Federal Rule of Evidence 801(d)(2)(E), it is necessary to establish by independent evidence the existence of a conspiracy and the membership of both the declarant and the defendant in that conspiracy to admit a co-conspirator's declarations. Second, if such determinations are required, the court must clarify the standard of proof necessary for these findings. Lastly, the court needs to consider whether, for the admission of a co-conspirator's statement against a defendant, it is essential to evaluate the circumstances of the case to ascertain if the statement possesses adequate indicia of reliability.