United States v. Harvey

Facts

A bank was robbed by a man dressed as a woman. Mrs. Florida Strickland, a teller at the bank, described the robber as a medium complexioned black male in his early twenties, 5'11' to 6' in height, 160 lbs., slender build with broad shoulders, five o'clock shadow, and a prominent Adam's apple. The robber was wearing a straight-haired wig pulled back into a bun, a blue denim hat, which did not obstruct a full view of the robber's face, gold wire framed dark glasses, lipstick, rouge, a dark coat, and was carrying a 10' wide red print cloth shoulder bag. Strickland was not able to make a positive identification of the robber. Priscilla Martin testified that on that same afternoon of April 22, while passing by on a bus, she observed a man she identified as D. She described the man as wearing red pants, a black coat, black platform shoes, and a black floppy hat whose brim obstructed a view of his face from the nose up. She described his hairstyle as a frizzled bush, 'an afro,' but could not say whether it was a wig. She stated that the man was not wearing glasses and that she could not recall lipstick but did remember seeing rouge. Martin had known D for nineteen years and at one time had lived in the same house with him. On cross, D questioned her on whether she had ever had any trouble with D or accused D of fathering her child and then failing to support this child. Martin also denied that she confided in D's mother, Mrs. Catherine Harvey, that D was the father of the child or that she stated that she would 'take revenge' on D for not 'owning up' to this child. D sought to introduce the testimony of his mother, showing that Martin had lied in her statements about what was said to D’s mother. The trial judge refused this proffer of testimony, considering it 'collateral' and inadmissible under Federal Rule of Evidence 613(b). D was convicted and appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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