U.S. v. Pepin, No. 06-1462-cr(L) (2nd Cir.) (514 F.3d 193) (February 6, 2008) (Judge Robert D. Sack)
In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district court excluded evidence from the guilt phase solely because it was excluded at the penalty phase, it erred …
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