United States v. Leonard Peltier

Leonard Peltier appeals his conviction of escape from a federal prison in violation of 18 U.S.C. § 751 , and of being a felon in possession of a firearm in violation of 18 U.S.C.App. § 1202(a). Peltier contends that he was denied adequate cross-examination of a government witness, and that he was improperly restricted in presenting his theory of defense.

In an unpublished decision on March 20, 1981, we remanded for a new trial because of the trial court’s restriction of the defendant’s right to cross-examine a government witness. See Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974). The government petitioned for rehearing. The memorandum of March 20, 1981, was withdrawn and the cause was remanded to the district court for the purpose of supplementing the record on the limited question whether the abbreviation of cross-examination was harmless error. Supplemental briefs were received. After reviewing the entire record of the trial and the supplemental materials filed by the government and by the defendant, we are satisfied that while the trial court appeared to have cut short the cross-examination of a witness without an adequate reason in the record for…