United States v. Lightly

677 F.2d 1027 (4th Cir. 1982)

Facts

McKinley was an inmate who sustained serious stab wounds from an assault. The testimony at trial was that Lightly (D), and McDuffie cornered McKinley in his cell and repeatedly stabbed him with a half pair of scissors. D got a severe cut on his hand in the assault. D's version of the events said that he was walking along cell block three when he saw McDuffie and McKinley fighting in McKinley's cell and he went to stop the fight, and that is how he was cut. D's testimony was corroborated by three other inmates. D then tried to get McDuffie to testify but he was found to be insane and incompetent to stand trial. However, the testimony of McDuffie's treating doctor was that McDuffie had sufficient memory and that he understood his oath and that he could communicate what he said. The trial court refused to consider his testimony. D was convicted and appealed.