United States v. Carter

910 F.2d 1524 (7th Cir. 1990)

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Nature of the Case

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Facts

On January 9, 1989, a robbery took place at the Chicago branch of the Acme Continental Credit Union. On January 20, 1989, the same credit union was robbed in a manner similar to that on January 9. But this time a witness got the license number on the getaway car. D was arrested and indicted. P did not call Riggins as a witness in its case in chief. D called her as a defense witness. On cross-examination, P exceeded the scope of direct examination by inquiring into the following subjects: (1) ds statement to her that he committed the robberies, made to her in the holding room at the police station after he confessed to the authorities; (2) her recollection of the clothing D wore when he left Indianapolis for Chicago on January 20, 1989; and (3) her recognition of the clothing discarded following the January 9 robbery as similar to clothing owned by D. D objected to these questions at trial on the ground that they were prohibited by Rule 611(b). The trial court invoked its discretion under the rule to permit the questions.