United States v. Davis

This is an appeal from convictions for conspiring to possess with intent to distribute and for possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 846 and 841(a)(1). The following points of error are urged: (1) that the appellants were improperly denied the right to call witnesses as guaranteed by the compulsory process clause of the sixth amendment; (2) that hearsay evidence was improperly admitted; (3) that death threat testimony was improperly admitted; (4) that appellants character was improperly allowed into evidence through proof of other crimes or bad acts; (5) that the appellants were deprived of the right to a fair trial because of improper comments by the prosecutors, because some of the appellants were not allowed to make an opening statement and some of the closing arguments were restricted, and because of improper comments by prospective jurors in the presence of the jury panel; (6) that appellants motion to suppress the marijuana seized in this case was improperly denied; and (7) that appellants motion for judgment of acquittal on the possession charge was improperly denied. Our review of the record persuades us that the district court erred in denying the appellants the right to call witnesses. Because we cannot find that error harmless beyond a reasonable doubt, we reverse the convictions below and remand the case to the district court for a new trial.