Ferguson v. United States

Tenth Circuit

Ferguson v. United States

329 F.2d 923

Court of Appeals for the Tenth Circuit·Decided April 2, 1964·No. Nos. 7020, 7021·Published·Cited by 4 cases

Opinion

PER CURIAM.

Appellants were tried jointly but were represented by individual counsel. The trial court’s ruling that prosecution witnesses could be cross-examined by but one counsel constitutes plain error within the compulsion of Rule 52(b) of the Federal Rules of Criminal Procedure. Each defendant had the right to have non-repetitious cross-examination conducted on his behalf by his individual counsel and could not be required to have questions pertaining to his particular interests channeled through his co-defendant’s counsel.

The opinion of the court heretofore filed, 307 F.2d 787, is withdrawn and the judgments are severally reversed with directions to grant new trials.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellants were tried jointly but were represented by individual counsel. The trial court’s ruling that prosecution witnesses could be cross-examined by but one counsel constitutes plain error within the compulsion of Rule 52(b) of the Federal Rules of Criminal Procedure. Each defendant had the right to have non-repetitious cross-examination conducted on his behalf by his individual counsel and could not be required to have questions pertaining to his particular interests channeled through his co-defendant’s counsel.

The opinion of the court heretofore filed, 307 F.2d 787, is withdrawn and the judgments are severally reversed with directions to grant new trials.

Ferguson v. United States, 329 F.2d 923 (10th Cir. 1964).

Pincite

329 F.2d 923 (Ferguson v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related