United States v. Leon Seminole
2017 U.S. App. LEXIS 13819
| 9th Cir. | 2017Background
- Defendant Leon Seminole, an enrolled member of the Northern Cheyenne Tribe, was indicted on two counts for assaulting his common-law wife Maxine Limberhand: attempted strangulation (18 U.S.C. §§ 1153, 113(a)(8)) and assault causing substantial bodily injury (18 U.S.C. §§ 1153, 113(a)(7)).
- Limberhand was injured on August 17, 2014; medical and BIA officer records described significant facial injuries and a written/recorded statement attributing the assault and chokehold to Seminole.
- At trial, the government called Limberhand as a witness despite her attempts to assert the adverse spousal testimony privilege and her repeated statements that she did not want to participate in the prosecution.
- When compelled to testify, Limberhand recanted much of her earlier statements, portraying Seminole as trying to calm her rather than assaulting her; the prosecution impeached her with her prior statements to investigators and the ER doctor.
- The jury convicted Seminole on both counts; he received concurrent 48-month sentences and appealed, arguing the court erred by compelling his wife to testify against him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in compelling a spouse to testify against the defendant | Government: court may compel testimony where spouse is the victim of the crime | Seminole: Trammel v. United States means a witness-spouse "may not be compelled" to testify in any circumstance, so wife could not be forced to testify | Court: No error — longstanding exception allows compulsion when spouse is the victim of the defendant’s crime |
Key Cases Cited
- Wyatt v. United States, 362 U.S. 525 (1960) (held spouse-victim exception permits compelling testimony against spouse)
- Trammel v. United States, 445 U.S. 40 (1980) (recast spousal testimonial privilege to belong to the witness-spouse but acknowledged the longstanding spouse-as-victim exception)
- United States v. Montgomery, 384 F.3d 1050 (9th Cir. 2004) (standard of review for Federal Rules of Evidence issues)
- United States v. White, 974 F.2d 1135 (9th Cir. 1992) (discussion of marital privileges)