Maryland v. Soper, Judge
Headline: State obstruction-of-justice indictment must be returned to Maryland court; Court limited federal removal when officers’ testimony was not done solely as part of their federal duties, blocking federal takeover.
Holding: The Court held that the state obstruction-of-justice indictment was not removable under §33 because the testimony was not performed solely as part of the officers’ federal duties, and ordered the case returned to state court.
- Limits when federal officers can move state prosecutions to federal court.
- Allows states to try officers for testimony given under state questioning.
- Signals Congress could expand removal rules if it chooses to do so.
Summary
Background
The State of Maryland asked the federal court to send back an indictment from a Harford County grand jury charging several people with obstructing justice by giving false testimony. The indictment had been removed from the county circuit court to federal court under section 33 of the Judicial Code. The accused were described in the record as federal Prohibition officers (and a chauffeur) who discovered a dead man, later reported the death to their superiors, and then testified before a coroner’s inquest the next day while also being held on a separate murder charge.
Reasoning
The core question was whether the testimony that led to this obstruction charge was done “on account of” the officers’ federal duties so it could be tried in federal court under §33. The State argued the officers were not acting officially when they testified. The United States argued the officers’ presence and testimony flowed from their federal duties. The Court concluded the testimony was voluntary and not made in the performance of their federal duties, so §33 did not cover this prosecution. The Court refused to broaden §33 by construction and said Congress could change the law if it wished.
Real world impact
As a result, the Court ordered that the federal court remand the indictment to the state circuit court in Harford County. Federal officers cannot automatically move state prosecutions to federal court when the charged acts (like giving testimony to a coroner) were not clearly performed as part of their federal job. This narrows when federal removal is available and leaves states free to try such state offenses.
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