U.S. Court of Appeals for the Tenth Circuit, 1964

Ferguson v. United States

U.S. Court of Appeals for the Tenth Circuit · Decided April 2, 1964

329 F.2d 923 (Federal Reporter, Second Series)

Counsel

Judd L. Black, Oklahoma City, Okl., for appellants., Jack R. Parr, Asst. U. S. Atty. (B. Andrew Potter, U. S. Atty., was with him on the brief), for appellee.

Cases that cite this one

4 later published cases cite this decision. The 3 that cite it most often are listed here.

State of Tennessee v. Raymond Arthur Klein (Tenn. Crim. App. 2017)
United States v. Mills (11th Cir. 1998)
Waldo Kent Ferguson, and Robert Lowell Rogers v. United States (10th Cir. 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellants were tried jointly but were represented by individual counsel. The trial court’s ruling that prosecution witnesses could be cross-examined by but one counsel constitutes plain error within the compulsion of Rule 52(b) of the Federal Rules of Criminal Procedure. Each defendant had the right to have non-repetitious cross-examination conducted on his behalf by his individual counsel and could not be required to have questions pertaining to his particular interests channeled through his co-defendant’s counsel.

The opinion of the court heretofore filed, 307 F.2d 787, is withdrawn and the judgments are severally reversed with directions to grant new trials.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.