United States v. Karnes
United States Court of Appeals for the Fourth Circuit
531 F.2d 214 (4th Cir. 1976)
Robert Lee Karnes (defendant) was charged with possessing a stolen car. The prosecution's two key witnesses, Fred Cassity (Karnes's co-defendant) and Cassity's wife, had made conflicting statements and withheld information, so the prosecution chose not to call them. Over Karnes's objection, the district court called the Cassitys as witnesses on its own initiative and let both sides cross-examine them, without explaining to the jury why the court, rather than a party, had called them. The jury convicted Karnes, and he appealed.
Whether a district court may call a witness on its own initiative where the prosecution's case would be legally insufficient as a matter of law without that witness's testimony.