U.S. v. Garvey

Federal 7th Circuit Court
Criminal Court
Witnesses
Citation
Case Number: 
No. 11-3088
Decision Date: 
August 3, 2012
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

In prosecution on charge of conspiracy to transport and sell stolen goods in interstate commerce, Dist. Ct. did not deny defendant his 6th Amendment right to call witnesses by initially misstating that defendant could not subpoena certain witness because witness resided more than 100 miles from District Courthouse. Dist. Ct. eventually indicated that its subpoena power was nationwide, and Defendant's proposed witness would have given only impeachment evidence, which would have been merely cumulative to other testimony. Moreover, defendant was not entitled to mistrial based on testimony of witness that he had smoked marijuana with defendant where jury was admonished to disregard said testimony, and where witness' reference to defendant's alleged bad conduct was brief.