Case Detail
CitationUnited States v. Golding, 168 F.3d 700 (4th Cir. 1999)
CrimeNon-violent, other
StateVA
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial YearUKN
BodyAppeals court
OpinionThe Fourth Circuit threw out the defendant's conviction because the prosecutor "abused her power" when she used the defendant wife's decision not to testify under spousal immunity as evidence of the defendant's guilt. The prosecutor first warned the wife not to testify lest she face criminal charges as well. The prosecutor then stated at trial, "I think that any wife in the world would come in and tell the truth." The court found "the threat rose to the level of intimidation necessary to constitute an abuse of process" and "the government did not stop with the threat. Instead, the prosecutrix further abused her power by using the very situation she had created against the defendant in closing argument."
Determination Year1999
Misconduct TypeT
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://leagle.com/decision/1999868168F3d700_1766.xml/U.S.%20v.%20GOLDING