James v. United States

514 A.2d 793, 1986 D.C. App. LEXIS 416
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 8, 1986
DocketNos. 84-323, 84-384
StatusPublished
Cited by3 cases

This text of 514 A.2d 793 (James v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James v. United States, 514 A.2d 793, 1986 D.C. App. LEXIS 416 (D.C. 1986).

Opinion

ROGERS, Associate Judge:

Appellants James and Williams were convicted by a jury of one count of possession of marijuana with intent to distribute. D.C. Code § -33-541(a)(l) (1985 Supp.). James contends that the trial court committed reversible error by refusing to let him cross-examine his codefendant. Williams contends that plain error occurred when the prosecutor improperly impeached him with a 1981 misdemeanor conviction for threats since the impeachment was not authorized by D.C. Code § 14-305 (1981), and the manner of the impeachment suggested his guilt of the pending offense because of the prior conviction. We agree that the trial court erred in denying James the right to cross-examine Williams and that the impeachment of Williams with his prior threats conviction was improper under the [795]*795statute, but hold that the errors were harmless beyond a reasonable doubt. Finding meritless appellants’ other contentions, that the trial court erred in accepting their stipulations and admitting two exhibits, we affirm.

I

On January 28, 1983, Officer Roberts obtained a search warrant for 3132 16th Street, N.W., apartment 702. Prior to executing the search warrant, Roberts and other members of the Fourth District Vice Unit went to apartment 702 on February 3, 1983, for the purpose of purchasing cannabis. Officers Dickens, Robinson and Richmond remained outside while Roberts made the purchase. Roberts testified that he placed a five-dollar bill inside the peephole of the apartment and received from a person he could not see a small piece of tightly wrapped brown paper. He left the building. A field test of the contents of the brown paper was positive for marijuana. Between five to fifteen minutes after making the purchase, Roberts returned with other police officers to execute the warrant. Upon knocking on the door of apartment 702, they received no answer. When they tried to force open the door, they were unable to do so because a brace-lock nailed to the floor of the apartment made opening the door “virtually impossible for a period of time.” They called the fire department, and after approximately an hour and a half of continual banging on the door, the police gained entry to the apartment and arrested the individuals they found inside, James and Williams.

Officers Dickens and Robinson testified that they assisted Roberts with the search warrant, and in preparation for its execution, they and Officer Richmond stood in the alley. They saw two individuals throw a shopping bag, a plastic bag, and numerous brown papers out of the window of apartment 702; sometimes only one individual was at the window. On recovering the items, the officers discovered that they contained a green weed-like substance.

Only Williams testified for the defense. He claimed that he went to 3132 16th Street, N.W., to meet someone named Richard Robinson “to see about a music contract.” He had called James to meet him in front of the building and they both went up to Robinson’s residence at apartment 702. When they were inside the apartment, Robinson received a telephone call and said he had to leave but would return shortly. James and Williams remained in the apartment. About five minutes after Robinson had left, Williams heard banging on the door. He was frightened by the noise and ran into the bathroom for about five minutes. He testified that James also appeared to be scared, and “got up and ran too,” but he did not see where James went because he was in the bathroom, although the door was open. When he came out of the bathroom, he called the police and reported that someone was trying to burglarize the apartment. After that, Williams and James sat in the living room for somewhere between 30 minutes and an hour while the banging continued.

II

On direct examination, counsel for Williams asked him whether he had thrown any marijuana out the window during the hour and a half he was in the apartment. Williams responded that he did not, but did not make any statement whether James had or had not done so. Thereafter, counsel for James sought to examine Williams as his witness in order to ask “whether he saw Mr. James throw anything out of the apartment window.” Williams’ counsel objected that the question was beyond the scope of direct, and the trial court refused to allow the examination. Subsequently, the prosecutor asked Williams if he “and Mr. James [went] to the window and [threw] some items out?”, if “neither [he] nor Mr. James went to the window during the time that someone was knocking on the door?”, and if he “never went to the window?” To each of these questions Williams responded, “No, we didn’t.”

[796]*796James contends, and the government concedes, that the trial court’s refusal to allow cross-examination was error. We agree the trial court should have permitted cross-examination to clarify the ambiguity about James in Williams’ response to questions regarding who had thrown marijuana out of the window. See United States v. Mercks, 304 F.2d 771, 772 (4th Cir.1962) (if a party in a joint indictment testifies in his own behalf and incriminates his co-defendant, the latter should be extended the right of cross-examination under the Sixth Amendment); Eder v. People, 179 Colo. 122, 498 P.2d 945, 946-7 (1972) (negative inferences from defendant’s witness’ testimony may incriminate co-defendant and require opportunity to cross-examine witness under Sixth Amendment). The government argues that despite the fact that cross-examination was curtailed in limine, per se reversal is inappropriate because James’ attorney sought only to obtain additional information and not to question Williams’ credibility or establish bias, and the jury had sufficient information from which to determine whether Williams had seen James throw anything out of the window; hence the error was harmless beyond a reasonable doubt because on cross-examination by the prosecutor, Williams clarified his earlier testimony in a manner which exculpated James.

This court has previously held that where the trial court has expressly restricted cross-examination, our standard of review depends upon the scope of cross-examination which was permitted measured against this court’s assessment of the appropriate degree of cross-examination. Goldman v. United States, 473 A.2d 852, 857 (D.C.1984) (restriction on cross-examination to attack reliability or credibility of witness); Springer v. United States, 388 A.2d 846, 856 (D.C.1978) {in limine restriction of cross-examination to show bias of witness). We also held that if there has been no cross-examination, curtailment constitutes per se reversible error. Where some cross-examination has occurred, the court reviews for harmless error under Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). However, in Delaware v. Van Arsdall, — U.S. -, 106 S.Ct. 1431, 89 L.Ed.2d 674 (1986), the Supreme Court held that the denial of the right to cross-examine to show bias is subject to the harmless error analysis under

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

Related

Thomas v. United States
530 A.2d 217 (District of Columbia Court of Appeals, 1987)
Jones v. United States
516 A.2d 513 (District of Columbia Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
514 A.2d 793, 1986 D.C. App. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-united-states-dc-1986.