United States v. Carter

Jessie Carter (defendant) and another individual named Whiteside were picked up by a taxi cab driven by John Pointer. Whiteside shot and killed Pointer after Pointer refused to pull over at a specific location. Whiteside robbed Pointer of approximately $25. A witness saw Carter and Whiteside exit the cab and walk to a nearby friend’s house. Later, an acquaintance, James Makel, drove Carter and Whiteside across town. Carter and Whiteside were later apprehended and charged with robbery, premeditated murder, and felony murder. After his arrest, Carter made a statement to police that he was in the taxi cab when Whiteside killed the driver, but he indicated he did not see Whiteside commit the robbery, and he denied participating in any plan to rob or kill Pointer. Carter and Whiteside were tried separately. At Carter’s trial, Makel testified that during the drive across town Carter kept reiterating that Whiteside did not have to kill Pointer because Carter had him “up tight,” which meant Carter had grabbed Pointer by the shoulder and neck and restrained him. The trial court directed a judgment of acquittal on the premeditated murder count. The jury convicted Carter on the robbery and felony murder counts. Carter appealed. On appeal, Carter argued that Makel’s testimony was insufficient to implicate him in the robbery and murder of Pointer, because Makel was not telling the truth about Carter's purported statements that he had Pointer "up tight."