513 F.2d 673 (9th Cir. 1975), 74-2804, United States v. Grammer

Docket Nº:74-2804.
Citation:513 F.2d 673
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Jerry Wayne GRAMMER, Defendant-Appellant.
Case Date:March 27, 1975
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 673

513 F.2d 673 (9th Cir. 1975)

UNITED STATES of America, Plaintiff-Appellee,

v.

Jerry Wayne GRAMMER, Defendant-Appellant.

No. 74-2804.

United States Court of Appeals, Ninth Circuit

March 27, 1975

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[Copyrighted Material Omitted]

Page 675

Michael J. Brennan, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Curtis Rappe, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

OPINION

Before CARTER and WRIGHT, Circuit Judges, and EAST [*], District Judge.

JAMES M. CARTER, Circuit Judge.

Defendant Grammer appeals from the judgment of conviction, following a jury trial, of robbery of a savings and loan association and interstate transportation of forged securities, in violation of 18 U.S.C. §§ 2113(a, d) and 2314, respectively. On appeal, he alleges two prejudicial errors:

I. The disclosure to the jury by counsel for the Government of the existence of a defense fingerprint expert (not called to testify by the defense) violated defendant's privilege against self-incrimination, attorney-client privilege, and the "function and purpose of appointment of experts under 18 U.S.C. § 3006A."

II. The introduction into evidence of prison records and a prison photograph of the defendant violated his right to a fair trial.

We affirm.

FACTS

On August 31, 1973, the Santa Barbara Savings and Loan Association was robbed of approximately $655.00 cash and 190 blank American Express traveler's checks. At least 32 of these traveler's checks were subsequently transported interstate, the endorsements forged, and cashed in Las Vegas, Nevada. It is for the Santa Barbara robbery and the interstate transportation of the checks that the defendant was convicted.

The evidence which tended to implicate the defendant in the robbery and subsequent interstate transportation of the checks was substantial. He was identified by a bank manager present during the robbery. The defendant's sister-in-law testified that she, her husband, the defendant, and the defendant's wife had lived in an apartment which was located two miles from the scene of the robbery. She had been asked by the defendant to obtain false birth certificates and drivers' licenses. When she refused, the defendant said he would get them himself.

A witness from the Bureau of Vital Statistics in Santa Barbara County testified that on July 30, 1973, she received a letter requesting the birth certificate for a Robert John Markmann. This letter was in the handwriting of the defendant's wife. The name Robert Markmann appeared on the signature, countersignature, and payee lines of the stolen checks which were passed in various Las Vegas gambling establishments on or about September 2, 1973.

The defendant's sister-in-law further testified that the defendant and his brother had surveilled a number of banking establishments in the area of the Santa Barbara Savings and Loan Association, had looked for and stolen a getaway car, and that the defendant had told the others that "it was too hard to burglarize a place, and that the only way we could possibly get by with it is to hold up the place." The getaway car described by the bank manager was exceedingly

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similar to a car stolen the same day the defendant obtained his car and...

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