United States v. Saad, No. 17-1445 (1st Cir. 2018)
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The First Circuit affirmed Defendant’s convictions of arson, wire fraud, and the use of fire in furtherance of a federal felony, holding that any alleged errors during trial were, whether individually or collectively, harmless.
On appeal, Defendant argued that the prosecution violated his Confrontation Clause rights when an investigator testified that the cause of the fire was incendiary, rather than electrical, because the investigator relied on conclusions drawn by Defendant’s insurer’s electrical expert without calling that expert to the stand. Defendant also argued that this was a violation of Fed. R. Evid. 703. The First Circuit held (1) any such violation, if one occurred at all, of Defendant’s Confrontation Clause rights was harmless beyond a reasonable doubt; and (2) any error under Fed. R. Evid. 703 was harmless.
The court issued a subsequent related opinion or order on May 4, 2018.
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