Legal Opinion

United States v. Mark Stacey

Court of Appeals for the Fifth Circuit

Decided December 14, 1971No. 71-2571Published

1Per curiam

The errors claimed on the direct appeal of this conviction for interstate transportation of a stolen automobile concern the sequestration of a witness and the permissible range of questions concerning matters which tend to show bias and the incredibility of a witness. The law leaves both matters to the sound discretion of the trial judge. A reading of the whole record reveals no abuse of discretion.

In this case, the failure to sequester a witness did not rise to the level of denial of due process, as argued by defendant.

Affirmed.

2Cases cited2 opinions

  1. Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, Defendant-Third Party v. Marine Mart, Inc., Third PartyCourt of Appeals for the Third Circuit · 1970
  2. Theodore J. Wally v. Curtis W. Tarr, Director of Selective ServiceCourt of Appeals for the Second Circuit · 1971