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United States v. Morlang | 531 F.2d 183 (4th Cir. 1975)

Under Federal Rule of Evidence Six Oh Seven, parties may impeach, or attack the credibility of, their own witnesses. One approach for preventing the misuse of Rule Six Oh Seven can be traced to the pre-rules case United States versus Morlang.

Theodore Morlang was accused of conspiring to bribe the director of the Federal Housing Administration. At the trial in federal district court, the prosecution called Fred Wilmoth to the witness stand. Just as the prosecution expected he would do, Wilmoth denied incriminating Morlang in a conversation with a fellow prisoner, Raymond Crist. Afterward, the prosecution called Crist, who testified about a statement that Wilmoth had made to him, which connected Morlang to the bribery. The district court admitted the testimony, over Morlang’s objection, for the sole purpose of impeaching Wilmoth.

Morlang was convicted at the close of trial. He appealed to the Fourth Circuit, arguing that the district court erred by admitting Crist’s testimony about Wilmoth’s statement.

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