United States v. Nabors

Facts

On December 2, 1983, the National Bank of Arkansas, in North Little Rock, Arkansas, was robbed of approximately $112,000 by two masked men. No bank employee or customer was able to identify either robber. There was testimony, however, that both robbers carried guns, that the one who jumped on the teller counter was wearing boots, that both robbers left the scene of the crime in a black Jeep Wagoneer, and that the robber who drove the getaway vehicle pulled off his mask as he drove off, revealing that he was white. Several minutes later, law enforcement personnel located the abandoned Jeep Wagoneer a short distance from the bank behind a shopping center. The getaway vehicle had been stolen from a supermarket parking lot about a week before the robbery. Ms. Bobbie Beliew testified that an unfamiliar Jeep Wagoneer had been parked directly in front of her apartment for several days prior to December 2, 1983. On the date of the robbery, around 9:00 or 10:00 a.m., Beliew saw from her second-story window a Datsun 280Z pull up beside the Wagoneer. One man left the Datsun and entered the Wagoneer; both vehicles then drove off. Beliew identified Bruce Nabors as the man who moved from one to the other vehicle. During trial, Tray Campbell, a nephew by marriage of John Nabors, testified that he was alone at home ill on the morning of December 2, 1983, when both D arrived at his home around 10:45. Tray testified that when he either heard someone enter the house or saw Bruce Nabors leaving a Datsun 280Z in the driveway, he called his mother. With his mother still on the line, Tray went down to the basement and peeked through the door. There he saw the two defendants laughing and giggling about an amount of money that they had gotten. A dryer that was normally placed against a crawl space door had been moved into the middle of the room. Tray returned to the telephone and informed his mother of Ds' presence. She insisted that Tray get John Nabors to speak to her. Tray returned to the basement; when the defendants noticed him, John purportedly said, 'Oh, shit, Tray's here.' On direct examination of Tray P's attorney asked the boy whether either of Ds said anything immediately after they saw Tray for the first time in the Nicolo basement. The initial reply was that John Nabors 'turned around to his brother and said Tray's here.' D objected after the prosecutor continued this line of inquiry by asking, 'Tray, exactly what did he say?' The trial court rejected the contention that the P was asking improper leading questions.  The following inquiry then occurred:

    Q. (Prosecutor) Tray, have you told me before what they said?

    A. (Tray) Yes, sir.

    Q. And what did you tell me that John said?

    A. Can I say it?

    Q. Yes, you can say it.

    A. He said, he said, 'Oh, shit, Tray's here.'

Ds were convicted and appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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