A defendant has the right to cross-examine a witness regarding their custodial status to demonstrate that testimony may be influenced by fear or favor.
After a witness provided damaging testimony against a defendant, the trial court excluded defense questions regarding the witness's residence and his status in federal custody. The defendant argued these questions were necessary to identify the witness and to explore potential bias or prejudice resulting from the witness's detention. The court held that while a trial judge has discretion regarding the extent of cross-examination, denying the opportunity to place a witness in his proper setting and test his credibility constitutes a prejudicial error. Because the excluded inquiry was essential to the defense's right to a fair trial, the trial court's rulings were an abuse of discretion.
At page 692 Right to cross-examination and required disclosure81 citing cases“prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them.”
- In re Marriage of Doe, 2024 IL App (1st) 230935, 250 N.E.3d 283.published(Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them.)
- United States v. Ravindranauth Roopnarine, No. 16-15025 (11th Cir. Dec. 1, 2017).unpublished(Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them.)
- State v. Whitlow, 326 P.3d 607 (Or. Ct. App. 2014).published (Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury can’t fairly appraise them.)
- Carroll v. State, 916 S.W.2d 494 (Tex. Crim. App. 1996).published (Prejudice ensues from a denial of the opportunity to ... put the weight of [the witness’] testimony and his credibility to the test, without which the jury cannot fairly appraise them.)
- Grandison v. State, 670 A.2d 398 (Md. 1995).published “it is the essence of a fair trial that reasonable latitude be given the cross-examiner, even though he is unable to state to the court what facts a reasonable cross-examination might develop”
- Harper v. Kelly, 704 F. Supp. 375 (S.D.N.Y. 1989).published “it is the essence of a fair trial that reasonable latitude be given to the cross examiner.”
- State v. Richard A. Boie, 943 N.W.2d 353 (Wis. Ct. App. 2020).unpublishedWe have explained that § 908.08 “specifically builds a confrontation opportunity into its procedures.” State v. Tarantino, 157 Wis. 2d 199, 215 , 458 N.W.2d 582 (Ct. App. 1990). ¶66 The Sixth Amendment right to confront accusers through cr…
- Jones v. State, 571 S.W.3d 764 (Tex. Crim. App. 2019).publishedId. at 692 (citations omitted).
- Dionas v. State, 80 A.3d 1058 (Md. 2013).publishedIn explaining the effect of the error from the jury’s perspective, we stated that “[t]he right to cross-examine effectively necessarily includes the right to place the testimony of a witness in its proper setting to fairly enable the jury…
- Gregory Lopez v. State, No. 04-11-00487-CR (Tex. App.—San Antonio Aug. 29, 2012).unpublishedCarroll, 916 S.W.2d at 500 ; (citing Alford v. U.S., 282 U.S. 687, 692 (1931)).
Show 71 more citing cases
- State v. Shelly, 157 P.3d 234 (Or. Ct. App. 2007).published Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury can't fairly appraise them.' Alford v. United States, 28…
- Barajas v. Wise, No. 06-15494 (9th Cir. Mar. 22, 2007).published(requiring disclosure at trial of witness’s address in order to put the witness in her “proper setting)
- Whitton v. State, 479 P.2d 302 (Alaska 1970).published
- State v. Capone, 347 A.2d 615 (R.I. 1975).published
- Best v. United States, 328 A.2d 378 (D.C. 1974).published
- State v. Grooms, 504 N.W.2d 111 (S.D. 1993).published
- United States v. Lonetree, 35 M.J. 396 (1992).published
- Dr. Alexander v. Spaeth v. United States, 232 F.2d 776 (6th Cir. 1956).published
- Thomas Howard, Jr. v. United States, 389 F.2d 287 (D.C. Cir. 1968).published
- United States v. Walter Trice McKinley, 493 F.2d 547 (5th Cir. 1974).published
- United States v. Andrew F. Burton, 584 F.2d 485 (D.C. Cir. 1978).published
- United States v. Joseph D. Fontenot, 628 F.2d 921 (5th Cir. 1980).published
- State v. Nelson, 2002 MT 122, 48 P.3d 739.published
- State of Tennessee v. Charles Rice, No. W2002-00471-CCA-R3-DD (Tenn. Crim. App. July 9, 2004).published
- Wamser v. State, 672 P.2d 163 (Alaska Ct. App. 1983).published
- Tossman v. Newman, 233 P.2d 1 (Cal. 1951).published
- R.L.R. v. State, 487 P.2d 27 (Alaska 1971).published
- State v. Hubbard, 688 P.2d 1311 (Or. 1984).published
- State v. Dunlap, 608 P.2d 41 (Ariz. 1980).published
- Harris v. State, 678 P.2d 397 (Alaska Ct. App. 1984).published
- Samuel v. Vanderheiden, 560 P.2d 636 (Or. 1977).published
- Williamson v. State, 367 S.E.2d 863 (Ga. Ct. App. 1988).published
- People v. Gallegos, 644 P.2d 920 (Colo. 1982).published
- Harris v. State, 308 S.E.2d 406 (Ga. Ct. App. 1983).published
- Lauderdale v. State, 548 P.2d 376 (Alaska 1976).published
- People v. Rodriguez, 726 P.2d 113 (Cal. 1986).published
- In re Montgomery, 471 P.2d 15 (Cal. 1970).published
- Geiger v. State, 199 S.E.2d 861 (Ga. Ct. App. 1973).published
- Sandroff v. United States, 158 F.2d 623 (6th Cir. 1946).published
- Commonwealth v. Duffy, 353 A.2d 50 (Pa. Super. Ct. 1975).published
- Michael v. State, 529 A.2d 752 (Del. 1987).published
- Bruce v. State, 569 A.2d 1254 (Md. 1990).published
- Commonwealth v. Johnson, 313 N.E.2d 571 (Mass. 1974).published
- State v. Brown, 709 A.2d 465 (R.I. 1998).published
- People v. Patejdl, 35 Cal. App. 3d 936 (Cal. Ct. App. 1973).published
- People v. Anthony P., 167 Cal. App. 3d 502 (Cal. Ct. App. 1985).published
- People v. Kellas, 389 N.E.2d 1382 (Ill. App. Ct. 1979).published
- Commonwealth v. Nicholas, 445 N.E.2d 634 (Mass. App. Ct. 1983).published
- Hunt v. Regents of Univ., 446 N.W.2d 400 (Minn. Ct. App. 1989).published
- Commonwealth v. Dominico, 306 N.E.2d 835 (Mass. App. Ct. 1974).published
- People v. Filson, 22 Cal. App. 4th 1841 (Cal. Ct. App. 1994).published
- People v. Acevedo, 93 Cal. App. 4th 757 (Cal. Ct. App. 2001).published
- State v. Anthony, 422 A.2d 921 (R.I. 1980).published
- State v. Florez, 617 A.2d 670 (N.J. Super. Ct. App. Div. 1992).published
- Hall v. State, 663 S.W.2d 154 (Tex. App.—Fort Worth 1983).published
- Jackson v. State, 552 S.W.2d 798 (Tex. Crim. App. 1977).published
- Lawless v. Calaway, 147 P.2d 604 (Cal. 1944).published
- People v. Williams, 315 P.3d 1 (Cal. 2013).published
- Barry Crothers v. State, No. 03-92-00601-CR (Tex. App.—Austin May 4, 1994).unpublished
- Rodolfo Delgado Jr. v. State, No. 13-14-00074-CR (Tex. App.—Corpus Christi Sept. 29, 2016).unpublished
- Logan v. State, 679 S.W.2d 55 (Tex. App.—Dallas 1984).published
- London v. State, 526 S.W.3d 596 (Tex. App.—Houston [1st Dist.] 2017).published
- Commonwealth v. O'Brien, 645 N.E.2d 1170 (Mass. 1995).published
- Commonwealth v. Francis, 734 N.E.2d 315 (Mass. 2000).published
- Ebb v. State, 671 A.2d 974 (Md. 1996).published
- State v. Vandebogart, 652 A.2d 671 (N.H. 1994).published
- Boyd v. Radtke, No. 2:18-cv-00275 (E.D. Wis. Oct. 18, 2019).
- Derrick Searcy v. Danny D. Jaimet, 332 F.3d 1081 (7th Cir. 2003).published
- United States v. Celis, 608 F.3d 818 (D.C. Cir. 2010).published
- United States v. John Christopher Fontana, United States of Am. v. Frank Phillips, United States of Am. v. Mike F. Sicilia, 231 F.2d 807 (3d Cir. 1956).published
- United States v. Ronald William Harvey, 547 F.2d 720 (2d Cir. 1976).published
- United States v. Juan Navarro, 737 F.2d 625 (7th Cir. 1984).published
- Irish v. Gimbel, 2000 ME 2, 743 A.2d 736.published
- Johnson v. United States, 960 A.2d 281 (D.C. 2008).published
- State v. Novosel, 412 A.2d 739 (N.H. 1980).published
- People v. Triplett, 485 N.E.2d 9 (Ill. 1985).published
- People v. Wilkerson, 429 N.E.2d 526 (Ill. 1981).published
- Kaplan v. Loev, 194 A. 653 (Pa. 1937).published
- Cook v. State, 738 S.W.2d 339 (Tex. App.—Houston [1st Dist.] 1987).published
- United States v. Cohen, 163 F.2d 667 (3d Cir. 1947).published
- United States v. Springer, 831 F.2d 781 (8th Cir. 1987).published
At page 691 Trial court discretion over extent of cross-examination78 citing casesIt is the essence of a fair trial that reasonable latitude be given the cross-examiner, even though he is unable to state to the court what facts a reasonable cross-examination might develop
- People v. Blue, 792 N.E.2d 1149 (Ill. 2001).published Ed. 624, 629 , 51 S. Ct. 218, 220 (1931) (“The extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.
- State v. Jones, 2026-Ohio-2790.publishedThus, while “[c]ross- examination of a witness is a matter of right,” the “ ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’ ” State v. Green, 66 Ohio St.3d…
- State v. Petaway, 2026-Ohio-1479.publishedA copy of the statement made by D.L. to Officer Applegate was later submitted as a defense exhibit for purposes of appellate review. {¶ 74} “Cross-examination of a witness is a matter of right, but the ‘extent of cross- examination with re…
- State v. Dubois, 2024-Ohio-6115.publishedId. {¶39} Further, the Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against him * * *.” Similarly, Article I, S…
- State v. Rasheed, 2024-Ohio-3424.publishedRasheed further argues, without support, that the trial court “should have inquired of appellant the basis for the question and what proof he might have.” Appellant’s Brief, p. 15. {¶ 86} “Cross-examination of a witness is a matter of righ…
- Gauthier v. Gauthier, 2024-Ohio-266, 234 N.E.3d 1168.publishedThe trial court offered to let Forrest participate by Zoom, which, despite all protestations by Forrest to the contrary, was a fair offer that attempted to balance Forrest’s rights with those of Su. {¶70} Under these circumstances, the tri…
- Avila v. Target Corp., No. 2:21-cv-00907 (E.D.N.Y. Oct. 24, 2022).(noting “the availability of cross-examination during sworn testimony, in depositions or interrogatories, in effect, is adequate protection of the parties’ rights)
- State v. Benedict, 2022-Ohio-3600, 198 N.E.3d 979.published Standard of Review {¶26} Both the Supreme Courts of the United States and Ohio have held that the “‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’” State v.…
- State v. James, 2022-Ohio-3244.published“Cross- examination of a witness is a matter of right, but the ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’ ” State v. Green, 66 Ohio St.3d 141, 147 , 60…
- State v. Curtiss, 2022-Ohio-146.published“Cross- examination of a witness is a matter of right, but the ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’ ” State v. Green, 66 Ohio St.3d 141, 147 , 60…
Show 66 more citing cases
- State v. Fast, 2021-Ohio-2548, 176 N.E.3d 361.publishedStandard of Review {¶73} Both the Supreme Courts of the United States and Ohio have held that the “‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’” State v.…
- State v. Hemming, 2021-Ohio-971.publishedGreen at 147 . {¶ 41} The “extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.” Id., quoting Alford v. United States, 282 U.S. 687, 691, 694 , 51 S.Ct. 218 , 75 L…
- State v. Teater, 2019-Ohio-143.publishedStill, the “ ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’ ” State v. Green, 66 Ohio St.3d 141, 147 , 609 N.E.2d 1253 (1993), quoting Alford v. United Sta…
- State v. Abbasov, 2015-Ohio-5379.publishedAlleged Violation of the Right of Confrontation {¶ 13} Abbasov’s First Assignment of Error states that: The Trial Court Violated Appellant’s Right to Due Process as well as His Constitutional Right to Confront His Accusers By Refusing to P…
- Balderas, Juan A/K/A Apache, No. AP-77,036 (Tex. Apr. 28, 2015).publishedIn Alford v. United States, 282 U.S. 687, 692 , 51 S.Ct. 218, 219 (1931) the Court declared that the right of cross-examination is “one of the safeguards 43 essential to a fair trial.” In speaking of confrontation and cross-examination the…
- State v. Raia, 2014-Ohio-2707.publishedState v. Green, 66 Ohio St.3d 141, 147 (1993), citing Afford v. United States, 282 U.S. 687, 691 (1931). {¶23} Evid.R. 607(A) governs the admissibility prior inconsistent statements for the purposes of impeachment.
- State v. McKinney, 2013-Ohio-5730.published“Cross-examination of a witness is a matter of right, but the ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’” Id., quoting Alford v. United States, 282 U.S…
- M.S. v. Cnty. of Orange, 64 A.D.3d 560 (N.Y. App. Div. 2d Dep't 2009).publishedMoreover, in light of the fact that the infant plaintiff testified in the course of the municipal hearing that he complained five times that his roommate engaged in the offensive conduct, but testified during the deposition that he complai…
- James Ficarro v. State, No. 13-03-00439-CR, 2007 WL 1218045 (Tex. App.—Corpus Christi Apr. 26, 2007).publishedUnited States , 282 U.S. 687, 691-92 (1931); Carroll , 916 S.W.2d at 497 .
- United States v. Sam Garafolo, 385 F.2d 200 (7th Cir. 1968).published
- United States v. Larry Edward Fowler, 465 F.2d 664 (D.C. Cir. 1972).published
- United States v. Ronald w.jordan, 466 F.2d 99 (4th Cir. 1972).published
- United States v. Pasquale Charles Marzano, 537 F.2d 257 (7th Cir. 1976).published
- Michael Douglas Burr v. G. E. Sullivan, 618 F.2d 583 (9th Cir. 1980).published
- Whitton v. State, 479 P.2d 302 (Alaska 1970).published
- State v. Sheffey, 250 N.W.2d 51 (Iowa 1977).published
- Carswell v. State, 491 S.E.2d 343 (Ga. 1997).published
- Timberlake v. State, 271 S.E.2d 792 (Ga. 1980).published
- State v. Rodriguez, 621 A.2d 532 (N.J. Super. Ct. App. Div. 1993).published
- State v. Capone, 347 A.2d 615 (R.I. 1975).published
- Ewing v. United States, 135 F.2d 633 (D.C. Cir. 1942).published
- State v. Soto, 477 A.2d 945 (R.I. 1984).published
- State v. Ramos, 435 A.2d 1122 (N.H. 1981).published
- State v. DeBarros, 441 A.2d 549 (R.I. 1982).published
- Best v. United States, 328 A.2d 378 (D.C. 1974).published
- Minner v. United States, 57 F.2d 506 (10th Cir. 1932).published
- State v. Ege, 274 N.W.2d 350 (Iowa 1979).published
- Gov't of the Virgin Islands v. Jacobs, 634 F. Supp. 933 (D.V.I. 1986).published
- State v. Doctor, 690 A.2d 321 (R.I. 1997).published
- State v. Davis, 269 N.W.2d 434 (Iowa 1978).published
- State v. Plunkett, 497 A.2d 725 (R.I. 1985).published
- Roche v. Massachusetts Bay Transp. Auth., 508 N.E.2d 614 (Mass. 1987).published
- Alford v. Superior Court, 29 Cal. App. 3d 724 (Cal. Ct. App. 1972).published
- Foster v. Superior Court, 107 Cal. App. 3d 218 (Cal. Ct. App. 1980).published
- Miller v. Superior Court, 99 Cal. App. 3d 381 (Cal. Ct. App. 1979).published
- People v. Watson, 146 Cal. App. 3d 12 (Cal. Ct. App. 1983).published
- People v. Elauim, 212 N.W.2d 292 (Mich. Ct. App. 1973).published
- Moss v. United States, 368 A.2d 1131 (D.C. 1977).published
- Fost v. Superior Court, 80 Cal. App. 4th 724 (Cal. Ct. App. 2000).published
- Reese v. State, 458 A.2d 492 (Md. Ct. Spec. App. 1983).published
- Singletary v. United States, 383 A.2d 1064 (D.C. 1978).published
- Alvarado v. Superior Court, 5 P.3d 203 (Cal. 2000).published
- United States v. Lewis, No. 93-1819 (1st Cir. Nov. 14, 1994).published
- United States v. Turns, No. 00-3741 (6th Cir. May 12, 2004).published
- People v. Thurman, 787 P.2d 646 (Colo. 1990).published
- People v. Sorrell, 21 A.D.2d 954 (N.Y. App. Div. 3d Dep't 1964).published
- Commonwealth v. Righini, 831 N.E.2d 332 (Mass. App. Ct. 2005).published
- State v. Green, 609 N.E.2d 1253 (Ohio 1993).published
- State v. Grooms, 504 N.W.2d 111 (S.D. 1993).published
- Fairfield Sci. Corp. v. United States, 222 Ct. Cl. 167 (Ct. Cl. 1979).published
- United States v. Lonetree, 35 M.J. 396 (1992).published
- Consum. Fin. Prot. Bureau v. Access Funding, LLC, No. 1:16-cv-03759 (D. Md. July 12, 2021).
- State v. Green, 1993 Ohio 26 (Ohio 1993).published
- George Leslie Samuels v. United States, 398 F.2d 964 (5th Cir. 1968).published
- Robert S. Egger v. United States, 509 F.2d 745 (9th Cir. 1975).published
- Jean D. Reichenbach v. David H. Smith, Michael C. Bark & State Farm Fire& Cas. Co., 528 F.2d 1072 (5th Cir. 1976).published
- United States v. Heverto Rene Ramirez, 533 F.2d 138 (5th Cir. 1976).published
- United States v. Pool, 660 F.2d 547 (5th Cir. 1981).published
- United States v. Antonio Rivera-Santiago, A/K/A Junior Vivique, United States of Am. v. Nestor Cancel-Hernandez, A/K/A Papo, United States of Am. v. Edwin Romero-Lopez, United States of Am. v. Henry Castro-Poupart, A/K/A Quique, United States of Am. v. Luis Romero-Lopez, A/K/A Nando, United States of Am. v. Manuel Ortiz-Ortiz, 872 F.2d 1073 (1st Cir. 1989).published
- United States v. David Lane, United States of Am. v. Bruce Pierce, 883 F.2d 1484 (10th Cir. 1989).published
- Derrick Searcy v. Danny D. Jaimet, 332 F.3d 1081 (7th Cir. 2003).published
- Perry v. State, 764 P.2d 892 (Okla. Crim. App. 1988).published
- State v. Sieler, 397 N.W.2d 89 (S.D. 1986).published
- Minnick v. United States, 607 A.2d 519 (D.C. 1992).published
- State v. Lukens, 586 N.E.2d 1099 (Ohio Ct. App. 10th Dist. 1990).published
- United States v. Rivera-Santiago, 872 F.2d 1073 (1st Cir. 1989).published
At page 694 Trial court discretion in limiting cross-examination scope70 citing cases“the extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.”
- People v. Blue, 792 N.E.2d 1149 (Ill. 2001).published (The extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court. It may exercise a reasonable judgment in determining when the subject is exhausted)
- Merritt v. People, 842 P.2d 162 (Colo. 1992).published (Since the constitutional right of confrontation necessarily depends upon the particular circumstances of a particular criminal proceeding, we have stated that such determination is committed to the sound discretion of…)
- Bryant v. State, 929 S.E.2d 802 (Ga. 2026).publishedAs a general matter, “[t]he extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court[, and i]t may exercise a reasonable judgment in determining when the subject is exh…
- Everett v. Kelly, No. 6:20-cv-00070 (D. Or. Jan. 18, 2022).While the Supreme Court vindicated the defendant’s confrontation rights, it also cautioned that a trial court is not required to “protect a witness from being discredited on cross-examination, short of an attempted invasion of his constitu…
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Feb. 2, 2021).unpublished(finding that a trial judge should protect the witness from questions which “go beyond the bounds of proper cross-examination merely to harass, annoy or humiliate)
- Commonwealth v. Garcia, 18 N.E.3d 654 (Mass. 2014).published(judge should “protect [a witness] from questions which go beyond the bounds of proper cross-examination merely to harass, annoy or humiliate)
- People v. Brent-Pridgen, 48 A.D.3d 1054 (N.Y. App. Div. 4th Dep't 2008).publishedIt does not appear on the record before us that the conduct of the prosecutor during his cross-examination of defendant was intended “ ‘merely to harass, annoy or humiliate’ ” defendant (People v Stanard, 42 NY2d 74, 83 [1977], cert denied…
- Lawless v. Calaway, 147 P.2d 604 (Cal. 1944).published
- Smith v. Illinois, 390 U.S. 129 (1968).published
- United States v. John Varelli, Roy Nielsen & Emil Crovedi, United States of Am. v. Max Heckmyer, United States of Am. v. Morris Saletko, United States of Am. v. Kenneth Bratko & Joseph Rossi, United States of Am. v. John Anthony Borsellino, United States of Am. v. Thomas Daniel Bambulas & Albert Cardenas, United States of Am. v. Anthony Legato, Frank Gallo, & Ernest Infelice, 407 F.2d 735 (7th Cir. 1969).published
Show 60 more citing cases
- United States v. Arvey Hawy Lyons, 703 F.2d 815 (5th Cir. 1983).published
- United States v. Richard Anderson, United States of Am. v. Kenneth v. Greenwood, 881 F.2d 1128 (D.C. Cir. 1989).published
- United States v. Darnell Warren (90-5566) Clifford Gaither (90-6202), 959 F.2d 237 (6th Cir. 1992).unpublished
- United States v. Larry Eugene Moore, United States of Am. v. Steven Lee Gregory, A/K/A Murdock, United States of Am. v. Philip A. McLamb, 25 F.3d 1042 (4th Cir. 1994).published
- United States v. Elizabeth S. Reynolds, 70 F.3d 116 (6th Cir. 1995).unpublished
- United States v. Antwon Rogers, 104 F.3d 361 (6th Cir. 1996).unpublished
- United States v. Marlowe, No. 98-4867 (4th Cir. Apr. 20, 2000).unpublished
- People ex rel. Dunbar v. Dist. Ct. of Seventh JD, 494 P.2d 841 (Colo. 1972).published
- Poulin v. Zartman, 542 P.2d 251 (Alaska 1975).published
- Jackson v. State, 695 P.2d 227 (Alaska Ct. App. 1985).published
- Evans v. State, 550 P.2d 830 (Alaska 1976).published
- Duckworth v. State, 477 S.E.2d 336 (Ga. Ct. App. 1997).published
- People v. Patterson, 262 N.W.2d 835 (Mich. Ct. App. 1977).published
- State v. Gardner, 789 P.2d 273 (Utah 1989).published
- Hines v. State, 290 S.E.2d 911 (Ga. 1982).published
- State v. Altergott, 559 P.2d 728 (Haw. 1977).published
- Commonwealth v. Britton, 380 A.2d 807 (Pa. Super. Ct. 1977).published
- People v. Omacht, 43 N.W.2d 305 (Mich. 1950).published
- State ex rel. Nicholas v. State, 520 So. 2d 377 (La. 1988).published
- United States v. Bowden, 579 F. Supp. 337 (M.D. Tenn. 1983).published
- State v. Herndon, 426 N.W.2d 347 (Wis. Ct. App. 1988).published
- People v. Dawsey, 257 N.W.2d 236 (Mich. Ct. App. 1977).published
- Beasley v. State, 318 A.2d 501 (Md. 1974).published
- People v. Nutall, 728 N.E.2d 597 (Ill. App. Ct. 1st Dist. 2000).published
- People v. Thompson, 394 N.E.2d 422 (Ill. App. Ct. 1979).published
- Fletcher v. State, 437 A.2d 901 (Md. Ct. Spec. App. 1981).published
- State v. Howard, 426 A.2d 457 (N.H. 1981).published
- Terrell v. United States, 361 A.2d 207 (D.C. 1976).published
- People v. Abbott, 249 N.E.2d 675 (Ill. App. Ct. 1969).published
- People v. Sutter, 134 Cal. App. 3d 806 (Cal. Ct. App. 1982).published
- State v. Woodfork, 454 N.W.2d 332 (S.D. 1990).published
- People v. Shaw, 254 N.E.2d 602 (Ill. App. Ct. 1969).published
- Commonwealth v. Francis, 375 N.E.2d 1221 (Mass. 1978).published
- Commonwealth v. Funches, 397 N.E.2d 1097 (Mass. 1979).published
- State v. Wounded Head, 305 N.W.2d 677 (S.D. 1981).published
- Commonwealth v. Ahearn, 346 N.E.2d 907 (Mass. 1976).published
- McCarthy v. Mobile Cranes, Inc., 199 Cal. App. 2d 500 (Cal. Ct. App. 1962).published
- Carter v. United States, 684 A.2d 331 (D.C. 1996).published
- Allen v. State, 700 S.W.2d 924 (Tex. Crim. App. 1985).published
- Jeff Fowler v. Sacramento Cnty. Sheriff's Dep't California Attorney Gen., 421 F.3d 1027 (9th Cir. 2005).published
- People v. Osei (Daniel), No. 2019 NYSlipOp 50870(U) (N.Y. App. Term. May 31, 2019).published
- Raymond Gibbs v. Patrick Covello, 996 F.3d 596 (9th Cir. 2021).published
- Johnson v. United States, 366 A.2d 429 (D.C. 1976).published
- People v. Stanard, 365 N.E.2d 857 (N.Y. 1977).published
- Hooper v. State, 353 S.E.2d 843 (Ga. Ct. App. 1987).published
- People v. Brown, 222 Cal. App. 2d 197 (Cal. Ct. App. 1963).published
- In re James B., 146 Misc. 2d 532 (N.Y.C. Fam. Ct. 1990).published
- In re Chris C., 172 Misc. 2d 416 (N.Y.C. Fam. Ct. 1997).published
- Commonwealth v. Johnson, 728 N.E.2d 281 (Mass. 2000).published
- Commonwealth v. Murphy, 784 N.E.2d 1144 (Mass. App. Ct. 2003).published
- Pueblo v. Dones Arroyo, 106 P.R. Dec. 303 (1977).published
- Berard v. Stoneman, 428 F. Supp. 516 (D. Vt. 1977).published
- United States v. Varelli, 407 F.2d 735 (7th Cir. 1969).published
- Gardner v. Attorney Gen. of the State of New Jersey, No. 1:17-cv-03438 (D.N.J. Sept. 27, 2019).
- Demuth v. Peta Properpty Mgmt., No. 22-CV-0952 (D.C. Aug. 15, 2024).published
- State v. Sieler, 397 N.W.2d 89 (S.D. 1986).published
- United States ex rel. Rico Latimore v. Allyn R. Sielaff, 561 F.2d 691 (7th Cir. 1977).published
- United States v. Julia McMillon, 14 F.3d 948 (4th Cir. 1994).published
- State v. Fortney, 269 S.E.2d 110 (N.C. 1980).published
- State v. Prock, 577 S.W.2d 663 (Mo. Ct. App. 1979).published
At page 693 Showing witness bias from detention or immunity26 citing casesconfirming the right to show that a witness’s “testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention
- Latimer v. Burt, 98 F. App'x 427 (6th Cir. 2004).unpublished “petitioner was entitled to show by cross-examination that witness's testimony was affected by fear or favor growing out of his detention”
- Dwight Miller v. Kevin Genovese, 994 F.3d 734 (6th Cir. 2021).publishedAlford v. United States, 282 U.S. 687, 693 (1931); see also Davis, 415 U.S. at 317-18; Van Arsdall, 475 U.S. at 679 .
- Commonwealth v. Pierre, 486 Mass. 418 (2020).published(prejudicial error to preclude cross-examination showing witness was incarcerated and therefore could have motive to curry favor)
- People v. Alcarez, 141 A.D.3d 943 (N.Y. App. Div. 3d Dep't 2016).published Since, at the time of trial, Graziano still faced potential drug charges flowing from evidence found by police at the crime scene, she had a motive to attempt to tailor her testimony in a manner to curry favor with the prosecution (see Alf…
- Dotson, Daryl, No. PD-0734-15 (Tex. Crim. App. July 31, 2015).unpublished “under a promise or expectation of immunity, or under the coercive effect of his detention by officers… con- ducting the present prosecution”
- Junior Blackston v. Lloyd Rapelje, 780 F.3d 340 (6th Cir. 2015).published(confirming the right to show that a witness’s “testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention)
- Junior Blackston v. Lloyd Rapelje, 769 F.3d 411 (6th Cir. 2014).published(confirming the right to show that a witness’s “testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention)
- Irby, Christopher, No. PD-1097-08 (Tex. Crim. App. June 16, 2010).publishedAlford v. United States , 282 U.S. 687, 693 (1931); see also Carroll v. State , 916 S.W.2d 494, 500-01 (Tex. Crim.
- Luis Antonio Garcia v. State, No. 13-06-00637-CR (Tex. App.—Corpus Christi Nov. 6, 2008).unpublished App. 2001) (citing Alford v. U.S., 282 U.S. 687, 693 (1931)).
- James Washington v. Paul Renico, 455 F.3d 722 (6th Cir. 2006).publishedBecause Washington cannot make his required showing, we do not remand for an evidentiary hearing.4 3 Moreover, Alford v. United States, 282 U.S. 687, 693 (1931), does not require a different result.
Show 13 more citing cases
- Branzburg v. Hayes, 408 U.S. 665 (1972).published
- United States v. Michael W. Beauchamp, 986 F.2d 1 (1st Cir. 1993).published
- Elmer Cantrell v. Frank Gray, 786 F.2d 1163 (6th Cir. 1986).unpublished
- People v. Griffin, 867 P.2d 27 (Colo. Ct. App. 1993).published
- Woody v. Commonwealth, 199 S.E.2d 529 (Va. 1973).published
- Commonwealth v. Flemmi, 316 N.E.2d 740 (Mass. App. Ct. 1974).published
- Commonwealth v. Dougan, 386 N.E.2d 1 (Mass. 1979).published
- People v. Castro, 99 Cal. App. 3d 191 (Cal. Ct. App. 1979).published
- Commonwealth v. McGrath, 303 N.E.2d 108 (Mass. 1973).published
- Commonwealth v. Hogan, 387 N.E.2d 158 (Mass. App. Ct. 1979).published
- Montez v. Superior Court, 5 Cal. App. 4th 763 (Cal. Ct. App. 1992).published
- Victor Molinar v. State, No. 08-19-00126-CR (Tex. App.—El Paso Jan. 28, 2021).published
- D'Agostino v. State, 915 P.2d 264 (Nev. 1996).published
v.
United States
delivered the opinion of the Court.
Petitioner was convicted in the District Court .for Southern California of using the mails to defraud in violation of § 215 of the Criminal Code. The Court granted certiorari, to review a judgment of affirmance by the Court of Appeals for the Ninth Circuit, which upheld certain rulings of the trial court upon the evidence. 41 ■F. (2d) 157.
’In. the course of the trial the government called .as a witness a former employee of petitioner. On direct examination he gave damaging testimony with respect to various transactions of accused, including conversations with the witness when others were not present, and statements of accused to salesmen under his direction, whom the witness did not identify. Upon cross-examination questions seeking to elicit the witness’s place of residence were excluded on the government’s objection that they were immaterial and not proper cross-examination. Counsel for the defense insisted that the questions were[*689] propel? cross-examination, and that the jury was entitled to 'know“ who the witness is, where he lives and what his .-business is.” Relevant excerpts of the record are printed in the margin. [1]
[*690] • Later, the jury having been excused, counsel for the ■ defense urged, as an “additional” ground-for asking the excluded questions, that he had been informed that the witness was then in the custody of the federal authorities, and that such fact might be brought out on cross-examination “ for the purpose of showing whatever bias or prejudice he may have.” But the pourt adhered to its 'previous rulings, saying that if the witness had been convicted of a felony that fact might be proved, but not that he was detained in custody.
The Court of Appeals, after stating that it is customary to allow cross-examination of a witness with reference to[*691] his place of residence,-upheld -the trial court, saying, p. 160:
“ The purpose of such evidence is to identify the witness and to some extent give proper background for the interpretation of his testimony. In this case, however, the counsel indicated his purpose- to use the information for the. purpose of discrediting the witness. It is part of the obligation of a trial judge to protect witnesses against evidence tending to discredit the witness unless such evidence is reasonably called for by exigencies of the case. A witness is not on. trial and has no means of protecting himself. Here it was evident that the counsel for the appellant desired to discredit the witness, without so far as is shown, in any way connecting the expected answer with a matter on trial. If it had been contended that the witness was in custody because of his participation in the transaction with which the appellant was charged, and if it was sought to show that he was testifying under some promise of immunity, it would undoubtedly have been prejudicial error to have excluded such testimony, but counsel avowed no such purpose, and indicated that the proposed question was merely in pursuit of a fishing expedition by which he hoped to discredit the witness. The witness was examined at great length concerning his relation to the appellant and great latitude was accorded in that examination.”
Cross-examination of a witness is a matter of right. The Ottawa, 3 Wall. 268, 271. Its permissible purposes, among others, are that the witness may be identified with his community so that independent testimony may be sought and offered of his reputation for veracity in his own neighborhood, cf. Khan v. Zemansky, 59 Cal. App. 324, 327ff.; 3 Wigmore, Evidence (2d ed.) § 1368 I. (1) (b); that the jury may interpret his testimony in the light reflected upon it by knowledge of his environment, Kirschner v. State, 9 Wis. 140; Wilbur v. Flood, 16 Mich.[*692] 40; Hollingsworth v. State, 53 Ark. 387; People v. White, 251 Ill. 67, 72ff.; Wallace v. State, 41 Fla. 547, 574ff.; and that facts may be brought out tending to discredit the witness by showing that his testimony in chief was untrue or biased. Tla-Koo-Yel-Lee v. United States, 167 U. S. 274; King v. United States, 112 Fed. 988; Farkas v. United States, 2 F. (2d) 644; see Furlong v. United States, 10 F. (2d) 492, 494.
Counsel often cannot know in advance what pertinent facts may be elicited on cross-examination. For that reason it is necessarily exploratory; and the rule that the examiner must indicate the purpose of his inquiry does not, in general, apply. Knapp v. Wing, 72 Vt. 334, 340; Martin v. Elden, 32 Ohio St. 282, 289. It is the essence of a fair trial that reasonable latitude be given the cross-examiner, even though he is unable to state to the court what facts a reasonable cross-examination might develop. Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them. Tla-Koo-Yel-Lee v. United States, supra; King v. United States, supra; People v. Moore, 96 App. Div. 56, affirmed without opinion, 181 N. Y. 524; cf. People v. Becker, 210 N. Y. 274. To say that prejudice can be established only by showing that the cross-examination, if pursued, would necessarily have brought out facts tending to discredit the testimony in chief, is to deny a substantial right and withdraw one of the safeguards essential to a fair trial. Nailor v. Williams, 8 Wall. 107, 109; see People v. Stevenson 103 Cal. App. 82; cf. Brasfield v. United States, 272 U. S. 448. In this respect a summary denial of the right of cross-examination is distinguishable from the erroneous admission of harmless testimony. Nailor v. Williams, supra.
The present case, after the witness for the prosecution had testified to uncorroborated conversations of the defendant of a damaging character, was a proper one for[*693] searching cross-examination. The question “Where do you live?” was not only an appropriate preliminary to the cross-examination of the witness, but on its face, without any such declaration of purpose as was made by counsel here, was an essential step in identifying the witness with his environment, to which cross-examination may always be directed. State v. Pugsley, 75 Ia. 742; State v. Fong Loon, 29 Ida. 248, 255ff.; Wallace v. State, supra;. Wilbur, v. Flood, supra; 5 Jones, Evidence (2d ed.) § 2366.
But counsel for the defense went further, and in the ensuing colloquy with the court urged, as an additional reason why the question should be allowed, not a substitute reason, as the court below assumed, that he was im formed that the witness was then in court in custody of the federal authorities, and that that fact could be brought out on cross-examination to show whatever bias or prejudice the witness might have. The purpose obviously was not, as the trial court seemed to think, to discredit the witness by showing that he was charged with crime, but to show by such facts as proper cross-examination might develop, that his testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention by officers of the United States, which was conducting the -present prosecution. King v. United States, supra; Farkas v. United States, supra, and cases cited; People v. Becker, supra; State v. Ritz, 65 Mont. 180, and cases cited on p. 188; Rex v. Watson, 32 How. St. Tr. 284. Nor is it material,, as the Court of Appeals said, whether the witness was in custody because of his participation in the transactions for which petitioner was indicted. Even if the witness were charged with some other offense by the prosecuting authorities, petitioner was entitled to show by cross-examination that his testimony was affected by fear or favor growing out of his detention. See Farkas v. United States, supra; People v. Dillwood, 39 Pac. (Cal.) 438.
[*694] The extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court. It may exercise a reasonable judgment in determining when the subject1 is exhausted. Storm v. United States, 94 U. S. 76, 85; Rea v. Missouri, 17 Wall. 532, 542-543; Blitz v. United States, 153 U. S. 308, 312. But no obligation is imposed on the court, such as that suggested below, to protect a witness from being discredited on cross-examination, short of an attempted invasion of his constitutional protection from self incrimination, properly invoked. There is a duty to protect him from questions which go beyond the bounds of proper cross-examination merely to harass, annoy or humiliate him. Great Western Turnpike Co. v. Loomis, 32 N. Y. 127, 132; Wallace v. State, supra; 5 Jones, Evidence (2d ed ) § 2316. But no such case is presented here. The trial court cut off in limine all inquiry on a subject with respect to which the defense was entitled to a reasonable cross-examination. This was an abuse of discretion and prejudicial error. Tla-Koo-Yel-Lee v. United States, supra; Nailor v. Williams, supra; King v. United States, supra; People v. Moore, supra; cf. People v. Becker, supra. Other grounds for reversal were set up in the petition for certiorari, but we do not find it necessary to pass upon them.
Reversed.
Q, Where do you live, Mr. Bradley?
Mr. Armstrong:. That is objected to as immaterial and not proper cross-examination. -
The Court: I cannot see the materiality.
Mr. Friedman: Why, I think the jury has a perfect right to know who the witness is, where he lives and what his business is, and we have the right to elicit that on cross-examination. I may say that this is the first witness the Government had called that they have not elicited the address from.
The Court: I will sustain the objection.
Q. By Mr. Friedman: What is your business, Mr. Bradley?.
A. My profession is an accountant, public accountant, •
Q. What is your occupation now? ’ ■ ■ ■
A. I am not doing anything at the present time on account Of this case.
Q. On account of this case?
A. Yes.
Q. Do you live in Los Angeles?
Mr. Armstrong: That is objected to as immaterial and invading the Court’s ruling.
The Court: I have ruled on that question.
Mr. Friedman: I will temporarily pass on to something else. I would like leave to submit authorities on my right to develop that on cross-examination. I haven’t them with me.
The Court: All right.
* * * * 4S-
The jury were thereupon excused by the court until 9:30 o’clock on the morning of July 24, 1929, whereupon the jury retired after which the following proceedings were had relative to the materiality of the testimony, as to the residence and place thereof of Cameron Bradley.
The Court: In what particular do you think that evidence is material?
.Mr. Friedman: I think it is material for this purpose, first, not only on the general grounds I urged in asking the question, but on the additional grounds that I have been informed and caused to believe[*690] that this witness himself is now in the custody of the Federal authorities.
MR. ARMSTRONG: You mean Mr. Bradley? You mean by the Federal authorities here?
Mr. Friedman : I don’t know by what authorities, but that is my impression, that he is here in the custody of the Federal authorities. If that is so, I have a right to show that for the purpose of showing whatever bias or prejudice he may have.
The Court: No; I don’t think so. If jmu can prove he has ever been convicted of a felony, that is a different thing.
Mr. Friedman : I realize that is the rule. I may impeach him if he has been convicted of a felony.
The Court: No. You may prove that fact as going to his credibility, but you can’t merely show that he is detained or in charge of somebody. Everybody is presumed to be innocent until proven guilty.
Mr. Friedman: It is a violent presumption sometimes, I know.
The Court: Your defendant is certainly to be given the benefit of that presumption.
Mr. Friedman : I have no doubt of that.
The Court: If that is all you have, I will have to stand on the ruling.
# * «» *
Mr. Friedman: I would like, if the Court please, our exception noted to the Court’s ruling made yesterday after the jury retired to the effect that we could not inquire as to the present' address and . residence of the witness.
The Court: Very well.