U.S. v. Baptiste, 78-5673
| Decision Date | 21 December 1979 |
| Docket Number | No. 78-5673,78-5673 |
| Citation | 608 F.2d 666 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Henry BAPTISTE, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
James A. McPherson, New Orleans, La., for defendant-appellant.
Donald L. Beckner, U. S. Atty., C. Michael Hill, Asst. U. S. Atty., Baton Rouge, La., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Louisiana.
Before WISDOM, HILL and VANCE, Circuit Judges.
Henry Baptiste appeals his conviction under 18 U.S.C. § 1623 for making false declarations before a grand jury and using documents containing a false and material declaration in his grand jury testimony. He was sentenced to pay a fine of one thousand dollars and to three years probation. We affirm.
Baptiste testified before a grand jury which was investigating Community Advancement, Inc. (CAI), an organization that had received federal funds to provide social services to poor people in Baton Rouge, Louisiana. The investigation centered on whether CAI officials had skimmed the federal funds. Baptiste was questioned in connection with printing work he had done for CAI. At trial, the government's evidence showed that in his grand jury testimony Baptiste misstated the cost of such work, misstated his profit and produced a false invoice.
On appeal Baptiste first argues that the trial court erred in instructing the jury that his testimony before the grand jury was material for purposes of 18 U.S.C. § 1623. He contends that the jury should have been allowed to determine materiality for itself and that the trial court's instruction in effect amounted to partial direction of a verdict of guilty. Baptiste concedes that his position is contrary to the law of this circuit. United States v. Damato, 554 F.2d 1371 (5th Cir. 1977). Baptiste's contention on this point must therefore be rejected.
Baptiste also contends that, if materiality is a question for the court to decide, the trial court erred in allowing the jury to hear testimony going to materiality. He relies on the correct statement of law in Damato that
The issue is a question to be decided by the court and is not an issue for the jury to determine. Since this is so, evidence bearing solely on materiality should be received outside the presence of the jury.
Id. at 1373 (footnotes omitted). There are three problems facing Baptiste in connection with this later contention. First, the testimony of the witness in question did not bear solely on materiality but related to other issues as well. See Harrell v. United States, 220 F.2d 516, 520 (5th Cir. 1955). Second, when the testimony was given, Baptiste's counsel was taking the position that the issue should be submitted to the jury. The record does not evidence a clear objection to the witness' testimony. Although Baptiste's counsel voiced three objections to the testimony in question, the first two did not address the issue and in the context of his present contention his third objection was at least ambiguous. Third, Baptiste's grand jury transcripts, which had been admitted into evidence...
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Wills v. State
...criticized by this court and others. See, e.g., United States v. Leaphart, 513 F.2d 747, 750 (10th Cir.1975); United States v. Baptiste, 608 F.2d 666, 668 (5th Cir.1979), cert. denied, 450 U.S. 1000, 101 S.Ct. 1707, 68 L.Ed.2d 202 (1981); United States v. Robinson, 546 F.2d 309, 313 (9th Ci......
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Thomas v. Arn, 81-3242
...that the trial court's charge, taken as a whole, adequately conveyed the concept of reasonable doubt to the jury. United States v. Baptiste, 608 F.2d 666 (5th Cir.1979), cert. denied, 450 U.S. 1000, 101 S.Ct. 1707, 68 L.Ed.2d 202 (1981); United States v. Richardson, 504 F.2d 357 (5th Cir.19......
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U.S. v. Johnson
...Cir.) (false statements to government agency), cert. denied, 447 U.S. 907, 100 S.Ct. 2991, 64 L.Ed.2d 856 (1980); United States v. Baptiste, 608 F.2d 666 (5th Cir.1979) (false testimony to grand jury), cert. denied, 450 U.S. 1000, 101 S.Ct. 1707, 68 L.Ed.2d 202 (1981); United States v. Cosb......
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Perjury.
...Cir. 1998) (enumerating elements of perjury under [section] 1623); Durham, 139 F.3d at 1331 (same); see also United States v. Baptiste, 608 F.2d 666 (5th Cir. 1979) (including use of false materials under [section] 1623 (38.) See United States v. Yoshida, 727 F.2d 822 (9th Cir. 1983) (holdi......
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Perjury.
...Cir. 1998) (enumerating elements of perjury under [section] 1623); Durham, 139 F.3d at 1331 (same); see also United States v. Baptiste, 608 F.2d 666 (5th Cir. 1979) (including use of false materials under [section] 1623 (35.) See United States v. Yoshida, 727 F.2d 822 (9th Cir. 1983) (holdi......
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Perjury.
...Cir. 1998) (enumerating elements of perjury under [section] 1623); Durham, 139 F.3d at 1331 (same); see also United States v. Baptiste, 608 F.2d 666 (5th Cir. 1979) (including use of false materials under [section] 1623 (37.) See United States v. Yoshida, 727 F.2d 822 (9th Cir. 1983) (holdi......
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Perjury.
...Cir. 1998) (enumerating elements of perjury under [section] 1623); Durham, 139 F.3d at 1331 (same); see also United States v. Baptiste, 608 F.2d 666, 668 (5th Cir. 1979) (including use of false materials under [section] 1623 (36.) See United States v. Yoshida, 727 F.2d 822, 823 (9th Cir. 19......