Harley Beverly Morris v. United States

Eighth Circuit

Harley Beverly Morris v. United States

572 F.2d 185, 1978 U.S. App. LEXIS 12163

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 15, 1978

Docket77-1935

StatusPublished

Cited by2 cases

This text of 572 F.2d 185 (Harley Beverly Morris v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harley Beverly Morris v. United States, 572 F.2d 185, 1978 U.S. App. LEXIS 12163 (8th Cir. 1978).

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Opinion

PER CURIAM.

Harley Beverly Morris was convicted of two counts of knowingly receiving a firearm that was shipped in interstate commerce after he was convicted of a felony. 18 U.S.C. §§ 922(h)(1), 924(a). On appeal, he argues that he was denied a fair trial because the trial court improperly interjected itself in the government’s behalf during the trial by: (1) instructing the prosecutor to ask certain questions during the government’s cross-examination of Morris, and (2) commenting on the evidence in his instructions to the jury.

We have carefully reviewed the cross-examination of Morris and find that the trial court did not exceed its proper role by becoming another advocate for the government. See United States v. Gregory Date Lowe, No. 77-1680 (8th Cir. February 1, 1978); United States v. McColgin, 535 F.2d 471, 474-475 (8th Cir.), cert. denied, 429 U.S. 853, 97 S.Ct. 145, 50 L.Ed.2d 128 (1976); Kramer v. United States, 408 F.2d 837, 841 (8th Cir. 1969).

While the trial court’s comments on the evidence approached the limits of permissible comment, they did not exceed those limits. See United States v. Brandom, 479 F.2d 830 (8th Cir. 1973); Scruggs v. United States, 450 F.2d 359, 363 (8th Cir. 1971), cert. denied, 405 U.S. 1071, 92 S.Ct. 1521, 31 L.Ed.2d 804 (1972); Weare v. United States, 1 F.2d 617, 618 (8th Cir. 1924).

The judgment of conviction is affirmed.

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PER CURIAM.

Harley Beverly Morris was convicted of two counts of knowingly receiving a firearm that was shipped in interstate commerce after he was convicted of a felony. 18 U.S.C. §§ 922(h)(1), 924(a). On appeal, he argues that he was denied a fair trial because the trial court improperly interjected itself in the government’s behalf during the trial by: (1) instructing the prosecutor to ask certain questions during the government’s cross-examination of Morris, and (2) commenting on the evidence in his instructions to the jury.

We have carefully reviewed the cross-examination of Morris and find that the trial court did not exceed its proper role by becoming another advocate for the government. See United States v. Gregory Date Lowe, No. 77-1680 (8th Cir. February 1, 1978); United States v. McColgin, 535 F.2d 471, 474-475 (8th Cir.), cert. denied, 429 U.S. 853, 97 S.Ct. 145, 50 L.Ed.2d 128 (1976); Kramer v. United States, 408 F.2d 837, 841 (8th Cir. 1969).

While the trial court’s comments on the evidence approached the limits of permissible comment, they did not exceed those limits. See United States v. Brandom, 479 F.2d 830 (8th Cir. 1973); Scruggs v. United States, 450 F.2d 359, 363 (8th Cir. 1971), cert. denied, 405 U.S. 1071, 92 S.Ct. 1521, 31 L.Ed.2d 804 (1972); Weare v. United States, 1 F.2d 617, 618 (8th Cir. 1924).

The judgment of conviction is affirmed.

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572 F.2d 185, 1978 U.S. App. LEXIS 12163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harley-beverly-morris-v-united-states-ca8-1978.

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