United States v. Norman Tsinnijinnie

Norman Tsinnijinnie appeals a judgment of conviction of voluntary manslaughter ( 18 U.S.C. § 1153 ). The primary issue on appeal is whether Tsinnijinnie’s privilege to preclude his spouse from testifying against him was violated by a third person relating an out-of-court utterance by Tsinnijinnie’s wife. In addition, he claims the trial judge erred by excluding expert testimony, by admitting evidence of a prior altercation, by explaining to the jury why appellant’s wife did not testify and by declining to give a jury instruction that appellant had requested.

We hold that the marital privilege was not violated by the admission of the out-of-court statement of the wife, and find no error in the admission or exclusion of evidence or the jury instructions.

Tsinnijinnie was indicted for second degree murder of his mother-in-law, Florence Dejolie, and attempted murder of his wife, Rena Tsinnijinnie. Tsinnijinnie and his wife are Navajo Indians, as was the victim, and the offense occurred in Indian country, thus making the acts a federal crime ( 18 U.S.C. § 1153 ). The Government alleged that Tsinnijinnie had driven his pickup truck to his mother-in-law’s hogan, where he found her and…