United States v. Cornelius Franklin, A/K/A Rick, 747 F.2d 497 (8th Cir. 1984). · Go Syfert
United States v. Cornelius Franklin, A/K/A Rick, 747 F.2d 497 (8th Cir. 1984). Cases Citing This Book View Copy Cite
12 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Carmen Haire (ca8, 2015-11-23)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) United States v. Carmen Haire
8th Cir. · 2015 · confidence medium
The very fact that the recordings in this case exist establishes that the device was capable of recording conversations, United States v. McCowan, 706 F.2d 863, 865 (8th Cir.1983) (per, curiam), and the fact that the operator successfully made the recordings satisfies the competency requirement, United States v. Franklin, 747 F.2d 497, 498 (8th Cir.1984) (per curiam).
discussed Cited as authority (rule) State v. Kingkamau Nantambu
N.J. · 2015 · confidence medium
The panel cited the Court of Appeals for the Eighth Circuit, stating that “ ‘[t]he fact that [the operator] successfully made the tape recordings [ ] satisfies the competency requirement.’ ” Id. at 511 , 644 A.2d 672 (second alteration in original) (quoting United States v. Franklin, 747 F.2d 497, 498 (8th Cir.1984)); see also United States v. Hughes, 658 F.2d 317 (5th Cir.1981) (holding because “the paramount purpose of the inquiry is to insure the accuracy of the recording^] ... the government’s failure to show the competency of either the operator or the machine was overshadowed…
cited Cited as authority (rule) United States v. Michael J. Scott
8th Cir. · 2001 · confidence medium
See Fregoso, 60 F.3d at 1326 ; United States v. Franklin, 747 F.2d 497, 498 (8th Cir.1984).
discussed Cited as authority (rule) ca8 1995
8th Cir. · 1995 · confidence medium
We stated that where "a witness is in a position to know what [the other party] meant, a district court does not abuse its discretion in admitting testimony as to her understanding of the meaning of the words used by [the other party]." Id. at 498 (quotations and citation omitted).
discussed Cited as authority (rule) United States v. Fregoso
8th Cir. · 1995 · confidence medium
We stated that where “a witness is in a position to know what [the other party] meant, a district court does not abuse its discretion in admitting testimony as to her understanding of the meaning of the words used by [the other party].” Id. at 498 (quotations and citation omitted).
discussed Cited "see" ca8 1985
8th Cir. · 1985 · signal: see · confidence high
See United States v. Franklin, 747 F.2d 497, 498 (8th Cir.1984); Williams, 746 F.2d at 440-42 ; United States v. Panas, 738 F.2d 278, 286-87 (8th Cir.1984). 36 The defendants also complain of an "unexplained gap" of roughly thirty seconds in one tape.
cited Cited "see" United States v. Johnson
8th Cir. · 1985 · signal: see · confidence high
See United States v. Franklin, 747 F.2d 497, 498 (8th Cir.1984); Williams, 746 F.2d at 440-42 ; United States v. Panas, 738 F.2d 278, 286-87 (8th Cir.1984).
UNITED STATES of America, Appellee,
v.
Cornelius FRANKLIN, A/K/A Rick, Appellant
84-1702.
Court of Appeals for the Eighth Circuit.
Nov 8, 1984.
747 F.2d 497
David Nissenholtz, St. Louis, Mo., for appellant., Thomas E. Dittmeier, U.S. Atty. and Larry Hale, Asst. U.S. Atty., St. Louis, Mo., for appellee.
Heaney, Bright, Ross.
Cited by 9 opinions  |  Published
PER CURIAM.

Cornelius Franklin appeals from an order of the district court [1] entered upon a jury verdict finding him guilty of two counts of distributing cocaine in violation of 21 U.S.C. § 841(a)(1). We affirm.

On appeal Franklin contends that the district court erred in admitting into evidence tape recordings of telephone conversations between Franklin and Brenda Williams, an informant, because of lack of an evidentiary foundation. See United States v. McMillan, 508 F.2d 101, 104 (8th Cir.1974) (evidentiary requirements for in[*498] troduction of tape recording), cert. denied, 421 U.S. 916, 95 S.Ct. 1577, 43 L.Ed.2d 782 (1975). Franklin asserts there was no evidence as to the competency of the operator of the recording device and the capability of the device. This contention is without merit. The operator testified that he was competent to operate the recorder and that he had been using the recorder for five years. Furthermore, “[t]he very fact that the tape recordings exist establishes that the recording device was capable of picking up sounds and taking the conversation offered.” United States v. McCowan, 706 F.2d 863, 865 (8th Cir.1983) (per curiam). “[T]he fact that [the operator] successfully made the tape recordings [] satisfies the competency requirement____” Id.

Franklin also contends that the district court erred in allowing Williams to testify as to her understanding of certain words used by Franklin in the conversations. This point has no merit. When, as here, a witness is in a “position to know what [appellant] meant,” a district court does not abuse its discretion in admitting testimony “as to her understanding of the meaning of the words used by appellant.” Wiley v. United States, 257 F.2d 900, 908 (8th Cir.1958). In addition, we find that the probative value of the challenged testimony was not outweighed by the danger of unfair prejudice.

Lastly, Franklin contends that the district court erred in admitting the testimony of two government chemists because they did not have an independent recollection of the tests they performed on the cocaine. Again, this point has no merit. The chemists stated that their recollection of the testing was refreshed after pretrial review of reports they had prepared at the time of testing. A witness, prior to testifying, may refresh his recollection with a writing, provided that the requirements of FED.R.EVID. 612 are met. There is no indication in the record that those requirements were not met.

Accordingly, the judgment of the district court is affirmed.

1

. The Honorable William L. Hungate, United States District Judge for the Eastern District of Missouri.