Eleventh Circuit Rejects Evidence Questions in Drug, Murder Case

The Eleventh Circuit rejected a Florida pair’s challenges to some evidence prosecutors used in winning convictions on drug and murder-related charges, saying that any lower court errors were harmless to their case.

The Thursday ruling demonstrates that such challenges can face a high bar if the evidence in question is not key to a criminal conviction.

David Fey and Shari Lynn Gunter claimed the district court erred in allowing certain testimony because prosecutors had not flagged it under a federal evidence rule. They argued the lower court erred by not instructing the jury that the victim’s tissue samples had been ...