United States v. Norman Tsinnijinnie

NIELSEN, District Judge:

Norman Tsinnijinnie appeals a judgment of conviction of voluntary manslaughter (18 U.S.C. § 1153). The primary issue on appeal is whether Tsinnijinnie’s privilege to preclude his spouse from testifying against him was violated by a third person relating an out-of-court utterance by Tsinnijinnie’s wife. In addition, he claims the trial judge erred by excluding expert testimony, by admitting evidence of a prior altercation, by explaining to the jury why appellant’s wife did not testify and by declining to give a jury instruction that appellant had requested.

We hold that…