UNITED STATES OF AMERICA, APPELLEE,
v.
ARIAH CURTISS MINNIFIELD, APPELLANT

9th Cir. | 1972-11-22
No. 72-2181
469 F.2d 682 United States Court of Appeals for the Ninth Circuit (1972)

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Holding

The court held that the district judge properly protected the appellant's rights during cross-examination of a character witness, despite not strictly following recommended procedures.


Facts & Procedural History

Appellant was convicted of conspiracy and illegal importation of a controlled substance after his abandoned car was found with marijuana residue. Duri…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Appellant drove an automobile through the customs barrier at the port of entry at San Ysidro, California, and fled the scene when directed to proceed to the secondary inspection area. His abandoned automobile was later found to contain marijuana residues. He appeals from a conviction under 21 U.S.C. §§ 952, 960 and 963, of conspiracy and illegal importation of a controlled substance.

Of the numerous assignments of error, the only one that requires discussion concerns the latitude of the cross-examination of a character witness. The prosecutor asked a witness who had known appellant only eighteen months if he was “aware that” appellant had been arrested in 1961 for armed robbery. The question was objected to as too remote, and prejudicial as to form.

Although the procedures recommended in Michelson v. United States, 335 U.S. 469, 484-485, 69 S.Ct. 213, 93 L.Ed. 168 (1948), were not followed literally, the appellant’s rights were protected by the district judge’s inquiry of the prosecutor in chambers and by appropriate limiting instructions.

Affirmed.


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