Whitehurst v. Wright

592 F.2d 834 (5th Cir. 1979)

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Nature of the Case

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Facts

A policeman killed the decedent, believing him to be a robber. The policeman's defense was that the decedent shot at him first. However, no gun was found near the body. Later, a detective found a gun that had been confiscated by the police in a drug raid about two feet from the body. Whitehurst (P) was the decedent's survivor. P attempted to show that the detective planted the gun there to protect the policeman. P called the detective who found the gun and had him testify that he found the gun there with one round missing. P then wanted to call another officer to the stand. This officer claimed that the detective had told him that he had fired the gun once. P attempted to impeach the detective's testimony with this other officer but was prevented from doing so. P argued that this witness impeachment was unjustly disallowed by the trial court.