United States v. Montague

421 F.3d 1099 (2005)

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United States v. Montague

United States Court of Appeals for the Tenth Circuit
421 F.3d 1099 (2005)

Facts

Steven Montague (defendant) and Deanne Montague were married. Deanne filed a domestic-violence claim against Steven. When the police came to the home, Deanne told them that Steven had guns in his truck. The police seized the guns, and Steven was charged with being a felon in possession of a firearm. Later that year, Deanne started to tell police that she had framed her husband, but she could not go through with it and stated, “I won’t lie for him.” The following month, Deanne testified before a grand jury that the guns were Steven’s. Deanne testified that she and Steven had talked about changing her story to police and that Steven had told her she would not get in trouble if she changed her story. Steven was confined to prison pending trial. Prior to trial, Deanne visited him five times in violation of a court order. The two also talked on the phone. At Steven’s trial, Deanne invoked her marital privilege and refused to testify. The prosecution (plaintiff) introduced Deanne’s grand-jury testimony over Steven’s objection, pursuant to Federal Rule of Evidence 804(b)(6). Steven was convicted, and he appealed, arguing that the ruling was incorrect and violated the Confrontation Clause.

Rule of Law

Issue

Holding and Reasoning (Briscoe, J.)

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