Federal Circuits, 8th Cir. (June 17, 1976)
Docket number: 76-1082
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U.S. Supreme Court - Smith v. Illinois, 390 U.S. 129 (1968)
U.S. Supreme Court - Alford v. United States, 282 U.S. 687 (1931)
U.S. Court of Appeals for the 4th Cir. - Benjamin F. Chavis; Connie Tindall; Willie Earl Vereen; Marvin Patrick; Anne Sheppard Turner; Joe Wright; Wayne Moore; Reginald Epps; Jerry Jacobs; and James Mckoy, Appellants, v. State of North Carolina; Frances N. Futch; Kitchen S. Powers; Sam P. Garrison; Louis Powell, Superintendent of N. C. Correction Center for Women; Amos E. Reed; and J. C. Harris, Superintendent, Mccain Correctional Unit, Appellees, 55 Members of Congress Listed on Amici Curiae Motion, Amici Curiae., 637 F.2d 213 (4th Cir. 1980) Appellants, v. State of North Carolina; Frances N. Futch; Kitchen S. Powers; Sam P. Garrison; Louis Powell, Superintendent of N. C. Correction Center for Women; Amos E. Reed; and J. C. Harris, Superintendent, Mccain Correctional Unit, Appellees, 55 Members of Congress Listed on Amici Curiae Motion, Amici Curiae.
David Essling, St. Paul, Minn., for appellant.
Warren Spannaus, Atty. Gen., William B. Randall, Ramsey County Atty. and Steven C. DeCoster, Asst. Ramsey County Atty., St. Paul, Minn., for appellee.Before LAY, STEPHENSON and WEBSTER, Circuit Judges.PER CURIAM.Donald Caldwell appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254.In 1973, Caldwell was convicted in Minnesota state court of aggravated robbery. His conviction was affirmed on appeal. State v. Caldwell, 227 N.W.2d 382 (Minn.1975). Thereafter, Caldwell filed a habeas petition claiming that the trial court's refusal to allow defense counsel to cross-examine the principal prosecution witness as to his current address and place of employment denied him his right to confrontation.1The witness, James Klabunde, gave damaging testimony against Caldwell at trial. On cross-examination, defense counsel elicited various background information about Klabunde, including two prior addresses and that he was currently living in Minneapolis and working as a cook at a University of Minnesota fraternity house. The court, however, sustained prosecution objections to questions relating to Klabunde's current address and specific place of employment, indicating that it was doing so out of concern for the witness' safety. Klabunde had earlier testified to a confrontation with Caldwell which he viewed as threatening.2The district court found that the refusal to allow cross-examination as to Klabunde's address and place of employment did not deny Caldwell his right to confrontation. We agree.Where the credibility of a key prosecution witness is at issue, the right to confrontation ordinarily encompasses the right to cross-examine the witness as to his current address. See Smith v. Illinois, 390 U.S. 129, 88 S.Ct. 748, 19 L.Ed.2d 956 (1968); Alford v. United States, 282 U.S. 687, 51 S.Ct. 218, 75 L.Ed. 624 (1931); United States v. Dickens, 417 F.2d 958, 961-62 (8th Cir. 1969). As the Supreme Court stated in Alford, such a question is "an essential step in identifying the witness with his environment, to which cross-examination may always be directed." 282 U.S. at 693, 51 S.Ct. at 220. These principles require that cross-examination similarly be allowed as to the witness' place of employment. See, e. g., United States v. Le Barbera,463 F.2d 988, 990 (7th Cir. 1972); United States v. Baker, 419 F.2d 83, 87 (2nd Cir. 1969), cert. denied,Try vLex for FREE for 3 days
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