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Geders v. United States

United States Supreme Court

425 U.S. 80 (1976)

Relevant factsFree

Geders was tried with a codefendant on federal drug charges tied to a plan to fly roughly 1,000 pounds of marijuana from Colombia into the United States, a scheme that unraveled when the charter pilot tipped off U.S. Customs. Geders testified in his own defense; his direct examination wrapped up late in the afternoon, just before an overnight recess. After the jury left, the prosecutor asked the judge to bar Geders from discussing the case with anyone overnight, the same instruction given to every witness whose testimony spanned a recess during the trial. Defense counsel objected, arguing he had a right to consult his client on matters unrelated to the upcoming cross-examination. Doubting the line could be reliably held, the judge ordered Geders not to talk to his own lawyer about anything for the full 17-hour recess, and counsel complied under protest.

IssueFree

Whether the trial judge has discretion to determine the order in which parties adduce proof.

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