United States v. Love, 329 F.3d 981 (8th Cir. 2003)
May 30, 2003OUTCOME: Jury verdict reversed and case remanded for a new trial
During cross-examination in the federal jury trial of my client, Deon Love, the district court limited my ability to cross-examine a key government witness regarding that witness’s mental health. At tr ... ial, the district court rejected my argument that the cross-examination should be allowed under the Sixth Amendment right to confront adverse witnesses. After the jury found Mr. Love guilty, and the case proceeded on appeal, the Eighth Circuit found the district court committed reversible error when it limited my cross-examination of the government’s witness. This was a significant case in the Eighth Circuit because it provided clear guidance for application of the Confrontation Clause to mental health issues of a witness. This case has been cited 104 times since its publication. The Eighth Circuit found that although a court retains “wide latitude” insofar as the Confrontation Clause is concerned, the district court abused its discretion and a Confrontation Clause violation was shown. Finding that the district court’s error may have contributed to the jury’s finding of guilt, Mr. Love’s guilty verdict was reversed and the case was remanded for a new trial.
