Opinion · Supreme Court of the United States

National Motor Freight Traffic Ass'n v. United States

53 L. Ed. 2d 224

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1977-05-16
Topic
general

stating that section 1503 proscribes “the directing of threats against witnesses or otherwise impeding the administration of justice” | silencing of witness procured through threats of violence waives right to confront witness | grand jury testimony admissible at trial because made under oath, never recanted, based on first-hand knowledge, and best evidence available | in drug prosecution, silencing of witness through threats of violence waived right to confront witness | defendant’s right to confrontation would preclude introduction of the witness’ prior statements, except for the fact that defendant himself procured the witness’ refusal to testify at trial | defendant's right to confrontation would preclude introduction of the witness' prior statements, except for the fact that defendant himself procured the witness' refusal to testify at trial | “The fact that a defendant is unable to cross-examine the declar-ant is not always controlling on the confrontation issue since the right of cross-examination is not absolute.” | "The fact that a defendant is unable to cross-examine the declarant is not always controlling on the confrontation issue since the right of cross-examination is not absolute." | explicit finding by the district court that the grand jury witness' unwillingness to testify at trial was a product of defendant's coercion | explicit finding by the district court that the grand jury witness’ unwillingness to testify at trial was a product of defendant’s coercion | declarant “was relating facts ... of which he possessed firsthand knowledge” | threats to life of witnesses may justify some restriction on cross-examination | grand jury testimony admitted at request of prosecution

Citator

Cited by
88 opinions

C. A. D. C. Cir. Certiorari denied.