United States v Magnan

Magnan appealed his murder convictions arguing the district court erred in admitting identification of Magnan by one of the decedents through three witnesses. The panel, with one judge concurring, affirmed. The majority held the district court did not error in finding the decedent was under the stress of her being shot and witnessing the execution style shooting of another in the same room while being tending to about two hours after the shooting, about three after the events while being in an ambulance and about five hours later at the hospital when visited by her sister given the significant injuries including paralysis from the waist down and bleeding from the head, her fear  and her preoccupation with her condition and the fact that two of the statements were made in response to questions did not change the outcome. Briscoe concurred arguing that each statement qualified as an excited utterance based on the wounds, dire physical condition of the decedent, presence of emergency workers and the fact that the decedent was informed of a previously unnoticed gunshot wound while in the hospital.

United States v Nelson

Nelson appealed the denial of his motion to suppress. The panel reversed. It held that at the time of the protective sweep, the officers here had no basis to believe that anyone beside Nelson was hiding the house, there are no findings about the proximity of Nelson tot eh area searched in the record and the good faith exception does not apply to officer mistakes and thus the sweep violated the 4th Amendment. The case was remanded to analyze whether the homeowners consent to search for Nelson to arrest him included permission to do a protective post-arrest sweep.