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United States v. Glover

101 F.3d 1183 (1996)

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United States v. Glover

United States Court of Appeals for the Seventh Circuit

101 F.3d 1183 (1996)

Facts

Paul Glover (defendant) was tried twice for receiving illegal kickbacks. At his first trial, Glover testified in his own defense. After the jury was unable to reach a verdict, a mistrial was ordered. At the close of the prosecution’s (plaintiff) case-in-chief in Glover’s second trial, the defense counsel informed the court that Glover would exercise his Fifth Amendment right against self-incrimination. As a result, the court took a recess to determine which parts, if any, of the transcript from Glover’s prior testimony should be read into the record. Glover argued that, under the rule of completeness, the transcript should be read virtually in its 168-page entirety. The court refused and instead urged Glover to admit smaller portions needed to explain any portion offered by the prosecution. Glover raised a continued objection, but never identified portions to be admitted. Ultimately, only 11 pages of Glover’s prior testimony were read to the jury by the prosecution. Glover appealed, arguing that the trial court abused its discretion in not admitting the entire transcript, depriving him of his right to a fair trial.

Rule of Law

Issue

Holding and Reasoning (Rovner, J.)

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