United States v. Earnest Wilmore

Earnest Wilmore was convicted of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2) (2000). Wil-more contends that his Sixth Amendment rights were violated when the district court restricted his cross-examination of a government witness. We agree, and reverse and remand for a new trial.

I

On December 15, 2001, an individual named Robin John called 911. She told the 911 operator that her husband, Earnest Wilmore, had robbed an abortion clinic, that he was in the apartment complex she was calling from, that he was wearing a red jacket and black pants, and that he had a gun. In truth, there was no abortion clinic robbery. Ms. John later explained that she called the police because Wilmore had taken her children’s Christmas gift, a “Play Station” video game system, and she was afraid he was going to sell it for drugs. She had lied about the abortion clinic robbery in order to get the police to respond quickly .to the call.

Police Officers Chris Baughman and James Bonkavieh responded to the call. When they arrived at the apartment complex they met with Ms. John, who directed them to an apartment where she said Wil-more had…