United States v. Barbara Ray Kizer

Barbara Kizer raises two issues in this appeal from her conviction for attempted bank robbery: (1) that she was denied full confrontation of a key witness against her when the trial court refused to allow inquiry into the witness’s past drug addiction; (2) that the trial court deprived her of the right to pro se representation by prematurely ejecting her from the courtroom. We find no reversible error and affirm the judgment.

Before government witness Katie Nelson testified, the trial court granted the prosecutor’s motion to prevent defense counsel from inquiring into Nelson’s past drug use and hospitalization for drug addiction. Kizer argues that the court’s ruling deprived her of the broad scope of cross-examination guaranteed by the sixth amendment. See, e. g., Douglas v. Alabama, 380 U.S. 415 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1975). It is established, however, that cross-examination may be limited where the sixth amendment interest is outweighed by the danger of harassing witnesses or unduly prejudicing the jury. Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974). The proper extent of cross-examination lies within the sound discretion of the trial court.…