concluding that “[t]he permissible scope of exploration on cross-examination is not curtailed by the absence of promises for leniency, for the defense may attempt to show government conduct which might have led a witness to believe that his prospects for lenient treatment by the government depended on the degree of his cooperation”
How later courts described this case
- concluding that “[t]he permissible scope of exploration on cross-examination is not curtailed by the absence of promises for leniency, for the defense may attempt to show government conduct which might have led a witness to believe that his prospects for lenient treatment by the government depended on the degree of his cooperation”
- observing that “the [trial] court denied defense counsel’s request after observing [the witness’s] demeanor and 26 questioning her as to her past and current drug use”
- determining that gun is carried under meaning of statute if within person’s reach
- section 924(c) conviction supported by evidence that included "the proximity of the guns to the drugs and drug paraphernalia, the presence of loaded guns and ammunition, and expert testimony that guns are often found in 'crack houses' to protect drug traffickers and their investment"
Written by the judges who cited it.
The opinion
WILL, Senior District Judge,
concurring.
I agree that Anderson’s conviction must be reversed because defense counsel should have been permitted under the facts and circumstances here to cross-examine Barnes without having to make a preliminary showing of bias or duress. I write separately only because I believe that the trial judge has a responsibility once apprised of such facts and circumstances to be satisfied that the full extent of any possible bias or duress has been explored before exercising discretion as to the scope of any cross-examination. A preliminary voir dire by defense counsel of not only the witness but others having knowledge of the events, with judicial participation if necessary, to bring out all the facts is an essential predicate to the determination of the appropriate scope of cross-examination before the jury.