Facts
- Alfred David Webb was tried in Texas state court for burglary.
- After the prosecution rested, Webb sought to call his only defense witness, Leslie Max Mills, an incarcerated person with a prior criminal record.
- Outside the jury’s presence, the trial judge, on the court’s own initiative, delivered a lengthy warning to Mills that he did not have to testify and that anything he said could be used against him.
- The judge repeatedly emphasized perjury risks, stated the court would “personally see” perjury charges presented to a grand jury, and warned additional prison time would likely be “stacked” onto Mills’s current sentence if he lied.
- The judge also warned the testimony could affect Mills’s parole prospects and stressed the “hazard” of taking the stand.
- Defense counsel objected that the court’s remarks exerted duress on the only defense witness and noted no similar admonition had been given to prosecution witnesses.
- After the admonition, Mills refused to testify, leaving Webb without any defense witnesses.
- Webb was convicted and sentenced to 12 years’ imprisonment; the Texas Court of Criminal Appeals affirmed.
Issues
- Whether a trial judge violates due process by issuing a severe, one-sided warning that intimidates the defendant’s sole witness into refusing to testify, thereby denying the defendant the ability to present witnesses in his defense.
Decision
- The U.S. Supreme Court reversed in a per curiam decision.
- The Court held that the judge’s threatening admonition effectively discouraged the defense witness from testifying.
- By driving off the only defense witness, the judge denied Webb due process by depriving him of the opportunity to present witnesses in his own defense.
Legal Principles
- Due process guarantees a criminal defendant a meaningful opportunity to present witnesses in his own behalf.
- State action, including judicial conduct, that substantially interferes with a defense witness’s free and unhampered choice to testify violates due process.
- A judge may not use warnings about perjury in a coercive, selective manner that intimidates a defense witness into silence.
Conclusion
The Supreme Court set aside Webb’s conviction because the trial judge’s threatening, one-sided admonition intimidated the sole defense witness into refusing to testify, denying Webb due process and the right to present witnesses in his defense.