United States v. Hickman

592 F.2d 931 (1979)

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United States v. Hickman

United States Court of Appeals for the Sixth Circuit
592 F.2d 931 (1979)

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Facts

Darryl Gordon Hickman and Fred McArthur Head (defendants) were tried jointly for being felons in possession of firearms and for marijuana possession. The issue at trial was whether marijuana found in Hickman and Head’s apartment was attributable to Hickman or Head. During the one-day trial, the district court judge interjected over 250 times. Additionally, the judge rehabilitated the government’s expert witness, a chemist who tested the substance alleged to be marijuana found in the apartment, after the defense’s cross-examination. There was no evidence that defense counsel acted improperly, that the prosecution was unable to rehabilitate its expert, or that the witness was being difficult or unclear. On appeal, defense counsel argued that the district court’s conduct was prejudicial and constituted plain error.

Rule of Law

Issue

Holding and Reasoning (Keith, J.)

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