United States v. Steen & Using Text Messages on Cross

Send us Fan MailIn United States v. Steen, the appellant was charged with introduction and distribution of marijuana.  At trial, the government sought to admit text messages wherein the appellant sought to acquire marijuana for personal use.  The text messages were created after the alleged offense but the government argued it was, under MRE 404(b), admissible to show the appellant had a plan to maintain a certain amount of marijuana and the fact that he wanted some demonstrated that he must have distributed his stock to the informant and needed to replenish.  The case is interesting because it involves several rules of evidence, "opening the door" to excluded evidence, and the risk of broad assertions.  At about 14:19, the episode changes gears slightly to discuss using text messages on cross-examination.