United States v. Kenneth L. Estes

VAN GRAAFEILAND, Circuit Judge:

Kenneth Estes appeals from a judgment of the United States District Court for the District of Vermont convicting him, after a jury trial before Judge Franklin S. Billings, Jr., of violating 18 U.S.C. § 1623 by testifying falsely before a grand jury concerning his involvement in a theft. For reasons hereafter assigned, we reverse the conviction and remand for a new trial.

Appellant’s principal contention on appeal is that testimony of his former wife, Lydia, concerning confidential communications between them was introduced erroneously before both the grand jury…