Opinion · Court of Appeals for the Ninth Circuit
United States v. George Eugene Ellis
United States v. George Eugene Ellis, 468 F.2d 638 (9th Cir. 1972)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1972-10-26
- Topic
- general
How later courts describe this case
- adopting procedure articulated in Palermo whereby Government must articulate substantial reasons to withhold information to protect witness’ safety
Citator
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- Cited by
- 10 opinions
UNITED STATES v. ELLIS,468 F.2d 638(9th Cir. 1972)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. GEORGE EUGENE ELLIS,
DEFENDANT-APPELLANT.
No. 72-2257.
United States Court of Appeals, Ninth Circuit.
October 26, 1972.
Page 639
James L. Browning, Jr., U.S. Atty., Janet Aitken, F. Steele Langford, Asst. U.S. Attys., San Francisco, Cal., for plaintiff-appellee.
Before CHOY and GOODWIN, Circuit Judges, and JAMESON, District Judge.fn*
[2] In Smith v. Illinois,390 U.S. 129, 88 S.Ct. 748, 19 L.Ed.2d 956 (1968), the defendant was denied the right to ask the principal prosecution witness, an informer who testified he had sold heroin to the defendant, his name and address. Holding that this limitation on cross-examination contravened the Confrontation Clause of the Sixth Amendment, the Supreme Court reversed the conviction. InSmith,however, the state gave no reasons which might have justified the refusal to disclose the agent's name and address.See390 U.S. at 134, 88 S.Ct. 748 (concurring opinion).
[3] Here, the prosecution represented to the court substantial reasons for withholding information to protect the agent from harm. While the procedures suggested in United States v. Palermo,410 F.2d 468, 472 (7th Cir. 1969), should ordinarily be followed in such circumstances, we conclude, in view of the marginal significance of the witness's testimony in this case, that no prejudice to the defendant can be shown. The government was fully prepared to go forward with the proper detailed showing of the personal danger to the witness. The incriminating transaction was observed by police officers, and the relevance of the personal history of the undercover agent was questionable.
[4] Affirmed.Page 769
- The Honorable William J. Jameson, United States District Judge for the District of Montana, sitting by designation. ↩