United States v. Fidel Rodriguez

Ninth Circuit

United States v. Fidel Rodriguez

439 F.2d 782, 1971 U.S. App. LEXIS 11272

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 19, 1971

Docket25817_1

StatusPublished

Cited by14 cases

This text of 439 F.2d 782 (United States v. Fidel Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Fidel Rodriguez, 439 F.2d 782, 1971 U.S. App. LEXIS 11272 (9th Cir. 1971).

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Opinion

PER CURIAM:

Appellant was convicted of conspiring to smuggle marihuana and of unlawfully transporting illegally imported marihuana, both in violation of 21 U.S.C. § 176(a). The sole issue on appeal is whether the trial court erred in limiting cross-examination of the government’s principal witness, appellant’s codefend-ant, concerning his motivation to testify.

We reaffirm the well-settled rule that “[t]he extent to which cross-examination of a witness will be allowed rests in the sound judicial discretion of the trial court.” Beck v. United States, 298 F.2d 622, 629 (9th Cir. 1962); see United States v. Carlson, 423 F.2d 431, 440 (9th Cir. 1970); Kohatsu v. United States, 351 F.2d 898, 905 (9th Cir. 1905). Because of the peculiar circumstances of this case, however, we reluctantly conclude that the trial court unduly limited appellant’s cross-examination of his co-defendant.

The witness was allegedly appellant’s sole accomplice. The government relied almost entirely upon his testimony, which had little or no corroboration. The witness’ testimony was directly contrary to that of appellant. The witness’ credibility was therefore of crucial importance, and it was essential that appellant be given a maximum opportunity to test that credibility by exploring the witness’ motivation for testifying. See United States v. Dickens, 417 F.2d 958, 959-961 (8th Cir. 1969); Thurman v. United States, 316 F.2d 205, 206 (9th Cir. 1963); United States v. Hogan, 232 F.2d 905 (3d Cir. 1956); cf. Napue v. Illinois, 360 U.S. 264, 270, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959); Alford v. United States, 282 U.S. 687, 693, 51 S.Ct. 218, 75 L.Ed. 624 (1931). Cross-examination was unduly restricted here. Appellant was not permitted, for example, to inquire whether the witness knew the minimum mandatory sentence he would face if the government elected to prosecute him under section 176(a); and questioning of the witness regarding *784 any hope or expectation of leniency he might entertain was limited to a single question, put by the court, as to whether he had been given any promise about what the court or prosecutor would do for him because he had testified.

Reversed.

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PER CURIAM:

Appellant was convicted of conspiring to smuggle marihuana and of unlawfully transporting illegally imported marihuana, both in violation of 21 U.S.C. § 176(a). The sole issue on appeal is whether the trial court erred in limiting cross-examination of the government’s principal witness, appellant’s codefend-ant, concerning his motivation to testify.

We reaffirm the well-settled rule that “[t]he extent to which cross-examination of a witness will be allowed rests in the sound judicial discretion of the trial court.” Beck v. United States, 298 F.2d 622, 629 (9th Cir. 1962); see United States v. Carlson, 423 F.2d 431, 440 (9th Cir. 1970); Kohatsu v. United States, 351 F.2d 898, 905 (9th Cir. 1905). Because of the peculiar circumstances of this case, however, we reluctantly conclude that the trial court unduly limited appellant’s cross-examination of his co-defendant.

The witness was allegedly appellant’s sole accomplice. The government relied almost entirely upon his testimony, which had little or no corroboration. The witness’ testimony was directly contrary to that of appellant. The witness’ credibility was therefore of crucial importance, and it was essential that appellant be given a maximum opportunity to test that credibility by exploring the witness’ motivation for testifying. See United States v. Dickens, 417 F.2d 958, 959-961 (8th Cir. 1969); Thurman v. United States, 316 F.2d 205, 206 (9th Cir. 1963); United States v. Hogan, 232 F.2d 905 (3d Cir. 1956); cf. Napue v. Illinois, 360 U.S. 264, 270, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959); Alford v. United States, 282 U.S. 687, 693, 51 S.Ct. 218, 75 L.Ed. 624 (1931). Cross-examination was unduly restricted here. Appellant was not permitted, for example, to inquire whether the witness knew the minimum mandatory sentence he would face if the government elected to prosecute him under section 176(a); and questioning of the witness regarding *784 any hope or expectation of leniency he might entertain was limited to a single question, put by the court, as to whether he had been given any promise about what the court or prosecutor would do for him because he had testified.

Reversed.

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439 F.2d 782, 1971 U.S. App. LEXIS 11272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fidel-rodriguez-ca9-1971.

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