Is Tejada entitled to a new trial because he has been found guilty of assault and sexual assault?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tejada, 956 F.2d 1256 (2nd Cir. 1992):

Tejada also contends that we should grant him a new trial because the district court allowed rebuttal evidence that exceeded the scope of direct examination. The function of rebuttal evidence is to explain or rebut evidence offered by an opponent. See United States v. Neary, 733 F.2d 210, 220 (2d Cir.1984). A district court has wide discretion in determining whether to permit evidence on rebuttal. United States v. Nussen, 531 F.2d 15, 20 (2d Cir.), cert. denied, 429 U.S. 839, 97 S.Ct. 112, 50 L.Ed.2d 107 (1976). Here, we conclude that the district court acted within its discretion in admitting the government's rebuttal evidence.

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