United States v. Richard Anderson, United States of America v. Kenneth v. Greenwood

Opinion for the Court filed by Circuit Judge MIKVA.

Concurring opinion filed by Senior District Judge WILL.

MIKVA, Circuit Judge:

These cases require us to decide whether the district court’s denial of cross-examination of a prosecution witness regarding an unrelated murder indictment against her, dismissed without prejudice eleven months before trial, violated appellants’ confrontation rights under the Sixth Amendment. We hold that the district court’s ruling in this case was constitutional error, for the jury might reasonably have found that the government’s ability to reinstate the mur*1131der…