Trammel v. United States

Petitioner Otis Trammel was indicted for importing heroin into the United States from Thailand and the Philippine Islands and for conspiracy to import heroin. The indictment also named six unindicted co-conspirators, including petitioner’s wife. Petitioner’s wife agreed to cooperate with the Government, and prior to trial the petitioner advised the court that the Government intended to call his wife as an adverse witness and he asserted his claim to privilege to prevent her from testifying against him. At hearing on this motion, the Government called Mrs. Trammel and granted her use immunity. She testified that she was married to Trammel and that her cooperation was based on assurances that she would be given lenient treatment. The District Court ruled that Mrs. Trammel could testify to any act she observed during the marriage and to any communication made in the presence of a third person. Confidential communications between petitioner and his wife were held privileged and inadmissible. At trial, Mrs. Trammel’s testimony constituted virtually its entire case against petitioner. He was found guilty, and on appeal petitioner’s only claim of error was that the admission of the adverse testimony of his wife, over his objection, contravened prior precedent and therefore constituted reversible error. The Court of Appeals rejected this contention.