Spindler v. United States

18 Citing cases

  1. United States v. Gibson

    675 F.2d 825 (6th Cir. 1982)   Cited 90 times
    Holding it was not an abuse of discretion for the district court to bar a party's witness from testifying after the witness had remained in open court with the party's knowledge in violation of a sequestration order

    Our review of the District Court's action is limited to whether the court abused its discretion in denying Gibson's request to call Clair. The decision whether a witness who fails to obey a sequestration order may subsequently take the stand is undoubtedly one for the trial court. United States v. Kiliyan, 456 F.2d 555 (8th Cir. 1972); United States v. Marson, 408 F.2d 644 (4th Cir. 1968), cert. denied, 393 U.S. 1056, 89 S.Ct. 695, 21 L.Ed.2d 698 (1969); United States v. Johnson, 345 F.2d 457 (6th Cir.), cert. denied, 382 U.S. 836, 86 S.Ct. 83, 15 L.Ed.2d 79 (1965); Spindler v. United States, 336 F.2d 678 (9th Cir. 1964), cert. denied, 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797 (1965). The controlling principle in this Circuit is that violation of an order directing that witnesses be separated does not automatically bar a witness' testimony.

  2. United States v. Avila-Macias

    577 F.2d 1384 (9th Cir. 1978)   Cited 18 times

    The appropriate sanction for violation of a witness exclusionary rule is a matter which lies within the sound discretion of the trial court. United States v. Oropeza, 564 F.2d 316, 324 (9th Cir. 1977); United States v. Torbert, 496 F.2d 154, 157-8 (9th Cir.), cert. denied, 419 U.S. 857, 95 S.Ct. 105, 42 L.Ed.2d 91 (1974); Spindler v. United States, 336 F.2d 678, 682 (9th Cir.), cert. denied sub nom. Richards v. United States, 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797 (1965). Disqualification of a witness on that ground, while not the preferred remedy, has been held, in some circumstances, not to constitute an abuse of discretion.

  3. United States v. Oropeza

    564 F.2d 316 (9th Cir. 1977)   Cited 92 times
    Concluding that trial court did not err in allowing witness to testify, despite his violation of the Rule, when "no showing of prejudice" was made

    A witness is not disqualified merely because he remains in the courtroom after a sequestration order. Spindler v. United States, 336 F.2d 678 (9th Cir. 1964). The defendants did not object to Cornell's presence until it was time for him to testify.

  4. United States v. Pena-Garcia

    505 F.2d 964 (9th Cir. 1974)   Cited 26 times
    Noting that the cumulative effect of all the instances of undue interruption were prejudicial and required a new trial

    Williams v. United States, 93 F.2d 685 (9th Cir. 1937); Ochoa v. United States, 167 F.2d 341 (9th Cir. 1948). Spindler v. United States, 336 F.2d 678 (9th Cir. 1964), cert. denied 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797 (1965). See also United States v. Cole, 491 F.2d 1276, 1278 (4th Cir. 1974).

  5. United States v. Scaramuzzo

    505 F.2d 102 (9th Cir. 1974)   Cited 3 times

    There is no merit in appellant's contention that 18 U.S.C. § 1343 does not apply to frauds involving telephone communications. This court has twice affirmed convictions under 18 U.S.C. § 1343 in which interstate telephone calls played an integral role in the scheme to defraud, Battaglia v. United States, 349 F.2d 556 (9th Cir. 1965); Spindler v. United States, 336 F.2d 678 (9th Cir. 1964), and the legislative history of the 1956 amendment to the statute demonstrates that Congress intended to reach frauds perpetrated by telephone. H.R. Rep. No. 2385, 84th Cong., 2d Sess. (1956), 1956 U.S. Code Cong. Admin. News, p. 3091.

  6. United States v. Bozeman

    495 F.2d 508 (5th Cir. 1974)   Cited 18 times
    In United States v. Bozeman, 495 F.2d 508, 510 (5th Cir. 1974), cert. denied, 422 U.S. 1044, 95 S.Ct. 2660, 45 L.Ed.2d 696 (1975), the court reasoned that a threat is not to be construed as conditional if it had a reasonable tendency to create apprehension that its originator will act in accordance with its tenor.

    This issue is one often contested in 875(c) cases and "[i]t is [clear] beyond dispute that identification of a telephone caller may be [established] by circumstantial evidence." United States v. Holder, supra; Spindler v. United States, 336 F.2d 678 (9th Cir. 1964); Seeber v. United States, 329 F.2d 572 (9th Cir. 1964). In Smith a voice identification and proof of Smith's physical presence near the phone booth to which the call was traced at about the time of the call were elements considered by the court as bearing on identity.

  7. United States v. Kiliyan

    456 F.2d 555 (8th Cir. 1972)   Cited 26 times
    Holding that opinion testimony of a qualified expert based on personal observation is admissible.

    That this is a correct statement of law is now well established. Spindler v. United States, 336 F.2d 678 (9 Cir. 1964), cert. den. 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797; United States v. Johnson, 345 F.2d 457 (6 Cir. 1965), cert. den. 382 U.S. 836, 86 S.Ct. 83, 15 L.Ed.2d 79; United States v. Marson, 408 F.2d 644 (4 Cir. 1968), cert. den. 393 U.S. 1056, 89 S.Ct. 695, 21 L.Ed.2d 698. The exercise of that discretion will not be disturbed except in case of clear abuse thereof. Johnson, supra.

  8. United States v. Cozzetti

    441 F.2d 344 (9th Cir. 1971)   Cited 37 times

    The purpose of the rule of exclusion is to prevent the shaping of testimony by witnesses to match that given by other witnesses, Taylor v. United States (9 Cir. 1967) 388 F.2d 786, 788. The conversations did not touch on the anticipated testimony of the witnesses and did not prejudice appellants, who attempted to impeach Travis with the disclosure of her drug addiction and the fear of the F.B.I. it subjected her to. Further, this court has upheld the permitting of witnesses to testify who have been exposed to the testimony of other witnesses in violation of a court order, Spindler v. United States (9 Cir. 1964) 336 F.2d 678, 682, cert. denied sub nom. Richard v. United States, 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797 (1965); Weedlin v. United States (9 Cir. 1967) 380 F.2d 657, 660, and has indicated that "unless the violation has somehow so discredited the witness as to render his testimony incredible as a matter of law he should not be disqualified from testifying." Taylor v. United States, supra, 388 F.2d at 788.

  9. United States v. Platt

    435 F.2d 220 (7th Cir. 1970)   Cited 7 times

    We find no error in admission of this evidence. See Andrews v. United States, 10 Cir., 1935, 78 F.2d 274, 275; Spindler v. United States, 9 Cir., 1964, 336 F.2d 678, 681, cert. den. sub nom. Richards v. United States, 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797, where testimony of telephone conversations was admitted although connection between the conversation and the caller was established by circumstantial evidence alone. Appellant's last point is that it was "plain error" for the Trial Judge to allow a verdict of guilty to stand as to Count 12, which concerned the furtherance of the alleged scheme to defraud by mailing a Motion to Intervene to an attorney proceeding with a mortgage foreclosure action.

  10. United States v. Jones

    425 F.2d 1048 (9th Cir. 1970)   Cited 72 times
    In Jones, we concluded that the district court did not plainly err in informing the jury, in a "plain and nonargumentative statement," that three of the defendants were not being tried because they had changed their pleas to guilty.

    We find no merit in this alleged error. Spindler v. United States, 336 F.2d 678, 682 (9th Cir. 1964). 3(e).