United States v. Barnard

490 F.2d 907 (1973)

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United States v. Barnard

United States Court of Appeals for the Ninth Circuit
490 F.2d 907 (1973)

SC

Facts

Buddy Joe Barnard, Jerry Robert Barnard, Low, and Remley (defendants) were charged with various drug-related crimes. One of their codefendants, Dillon, took a plea deal and testified for the prosecution (plaintiff). Dillon had perjured himself before the grand jury in the case. At trial, the Barnards, Low, and Remley sought to call as witnesses a psychiatrist and a psychologist, who each would provide their opinion that Dillon was a sociopath who would lie if it suited him. The proffered witnesses formed their opinions by observing Dillon in court and reviewing his psychiatric evaluation from the Army. The district court sustained the prosecution’s objection to this proffered testimony. The Barnards, Low, and Remley were convicted, and they appealed.

Rule of Law

Issue

Holding and Reasoning (Duniway, J.)

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