YAZZIE

v.

UNITED STATES

Citator

Cited By (17 total)

• United States v. Zapata, 871 F.2d 616 (7th Cir. 1989)
  …ess’ refusal to answer prevents defendant from directly assailing the truth of the witness’ testimony, the court should strike at least the relevant portion of the testimony.” United States v. Humphrey, 696 F. 2d 72, 75 (8th Cir.1982), cert. denied, 459 U.S. 1222, 103 S.Ct. [*624] 1230, 75 L.Ed.2d 463 (1983). However, “[w]hen a witness refuses to answer questions based on fifth amendment privilege, striking the witness’s entire testimony is an extreme sanction.” United States v. Lord, 711 F. 2d 887, 892 (9t…
• United States v. Butler, 792 F.2d 1528 (11th Cir. 1986)
  …vernment must obtain an indictment. The above-mentioned cases are not controlling because they do not address our precise issue. The Second Circuit considered this precise issue in United States v. Guerro, 694 F. 2d 898 (2d Cir.1982), cert. denied, 459 U.S. 1222, 103 S.Ct. 1230, 75 L.Ed.2d 463 (1983). In Guerro, the defendants were charged with conspiracy to sell explosives stolen from the United States, in violation of 18 U.S.C. § 371. The sale occurred on December 29, 1976. The indictment was filed on D…
• Ellis v. Black, 732 F.2d 650 (8th Cir. 1984)
  …d States v. Nunez, 668 F. 2d 1116, 1121-23 (10th Cir.1981); United States v. Seifert, 648 F. 2d 557, 562-63 (9th Cir.1980). We recognized the necessity for such balancing in United States v. Humphrey, 696 F. 2d 72, 75 (8th Cir.1982), cert. denied, 459 U.S. 1222, 103 S.Ct. 1230, 75 L.Ed.2d 463 (1983), and United States v. Gould, 536 F. 2d 216, 222 (8th Cir.1976). Thus, where the witness’ invocation of the fifth amendment privilege precludes the defendant from inquiring merely as to collateral matters such…