U.S. v. Henricksen, 77-5159
| Decision Date | 08 December 1977 |
| Docket Number | No. 77-5159,77-5159 |
| Citation | 564 F.2d 197 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Sherryl Lynn Grimsbo HENRICKSEN, Defendant-Appellant. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Gerald H. Goldstein, San Antonio, Tex., for defendant-appellant.
Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Robert S. Bennett, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Western District of Texas.
Before THORNBERRY, RONEY and HILL, Circuit Judges.
Defendant Sherryl Lynn Grimsbo Henricksen was convicted of conspiracy to possess with intent to distribute, and possession with intent to distribute cocaine, in violation of 21 U.S.C.A. §§ 846, 841(a)(1). Prior to trial, a codefendant, whose testimony would have tended to exonerate Henricksen, plea bargained with the Government. As part of his plea, he had to agree not to testify in any manner regarding Henricksen. If he did testify, the Government stated the agreement would be void, and he would be tried on all counts of the indictment. The codefendant refused to testify.
The Government, with the concurrence of the Justice Department and the trial judge, has now confessed error on this point and has requested that we reverse the conviction and remand for a new trial. Based upon an independent examination of the record, we conclude that the Government's confession of error is in order. Substantial Government interference with a defense witness' free and unhampered choice to testify violates due process. United States v. Morrison, 535 F.2d 223 (3d Cir. 1976); United States v. Thomas, 488 F.2d 334 (6th Cir. 1973). See United States v. Valdes, 545 F.2d 957, 959-961 (5th Cir. 1977).
The judgment of conviction is reversed and the case is remanded for a new trial.
REVERSED AND REMANDED.
To continue reading
Request your trial
-
U.S. v. Little
... ... A. IRS Statutes and Regulations ... Appellants urge us to reverse their convictions for conspiracy to defraud the government on the ground that the ... Henricksen, 564 F.2d 197, 198 (5th Cir.1977) (defense witness intimidated by terms of codefendant's plea ... ...
-
U.S. v. Terzado-Madruga
...v. Texas, 409 U.S. 95, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972) (defense witness intimidated by remarks of trial judge); United States v. Henricksen, 564 F.2d 197 (5th Cir.1977) (defense witness intimidated by terms of plea bargain); United States v. Hammond, 598 F.2d 1008 (5th Cir.1979) (defens......
-
McMillian v. Johnson
...(defense witness intimidated by remarks of FBI agent regarding another case in which witness had been indicted); United States v. Hendricksen, 564 F.2d 197 (5th Cir.1977) (plea bargain by which codefendant, whose testimony tended to exonerate defendant, agreed not to testify violated due pr......
-
U.S. v. Blackwell
...(5th Cir.1979) (defense witness threatened by FBI agent with retaliation in other cases pending against him); United States v. Henricksen, 564 F.2d 197 (5th Cir.1977) (per curiam) (defense witness intimidated by terms of his plea bargain in another case); United States v. Thomas, 488 F.2d 3......