Testimony Restrictions

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Daryl McGhee

Case No.: 22-3306

Officials: Flaum, Scudder, and Kirsch, Circuit Judges.

Focus: Testimony Restrictions

This case centers on Daryl McGhee, facing federal charges related to firearm and cocaine possession. The charges stemmed from a 911 call made by McGhee’s wife reporting domestic violence. She alleged that McGhee, armed with a gun and a leather bag, had left their home. Following footprints in the snow, the police located McGhee and discovered the bag containing the firearm and cocaine beneath a nearby dumpster.

During the trial, the District Court of Illinois issued an order preventing McGhee from testifying about the domestic violence incident. This order, aiming to avoid transforming the trial into a domestic dispute, explicitly warned of potential imprisonment for McGhee and his defense counsel if they breached it.

The Seventh Circuit acknowledged the validity of the district court’s decision to restrict McGhee’s testimony to prevent the trial from becoming entangled in domestic issues. However, it deemed the order excessively broad, as it effectively silenced McGhee, possibly leading the jury to infer guilt regarding the alleged domestic violence. Despite this, the appellate court determined that the exclusionary order did not significantly impact the jury’s decision, and the verdict aligned with substantial justice.

The court expressed reservations about the district court’s treatment of McGhee’s defense counsel but ultimately upheld the district court’s judgment.

Affirmed.

Decided 12/21/23

Full Text