United States v. Elgie Roberts

The principal issue raised in this appeal is the refusal of the trial court to permit a co-defendant to take the witness stand at defendant’s behest after the co-defendant Mr. Miller advised the court in chambers that he would exercise his Fifth Amendment rights and refuse to testify.

Defendant and a Mr. Miller were jointly charged in a six-count indictment. Prior to selection of the jury the court was advised that defendant intended to call Mr. Miller as defense witness. Mr. Miller’s counsel informed the court that Mr. Miller would refuse to testify. In chambers, Mr. Miller’s counsel advised the court that his client desired to enter a guilty plea to count 3 of the indictment. Mr. Miller was then interrogated pursuant to Rule 11, Federal Rules of Criminal Procedure, and the plea accepted. Mr. Miller was severed from the case and the trial proceeded against defendant alone. Mr. Miller persisted in his refusal to testify and the court upheld his claim of privilege. All this occurred outside the presence of the jury.

Defendant asserts he was denied his Sixth Amendment right to compulsory process to obtain a witness in his favor arguing that Mr. Miller’s severance and…