United States v. Phibbs

999 F.2d 1053 (1993)

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United States v. Phibbs

United States Court of Appeals for the Sixth Circuit
999 F.2d 1053 (1993)

SC

Facts

Phibbs and Whited, among others (defendants) were charged with various drug-related offenses. The prosecution (plaintiff) called Jerry Parks and Tommy McKeehan as witnesses. Parks had previously been found incompetent to stand trial and had been committed to mental-health facilities. McKeehan’s psychiatrist filed an affidavit with the court indicating that McKeehan suffered from confusion and hallucinations. The district court did not conduct a preliminary examination of the competency of these witnesses prior to their taking the stand. At one point during the trial, however, the judge did state that Parks and McKeehan “were not crazy witnesses.” The judge also stated that McKeehan appeared to be sober and cogent. The defendants were convicted. Whited appealed on the ground that Parks and McKeehan were not competent witnesses.

Rule of Law

Issue

Holding and Reasoning (Guy, J.)

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