UNITED STATES V. ALEXANDER
48 F.3d 1477 (9th Cir. 1995)
NATURE OF THE CASE: =Alexander (Ds) appealed judgments, which convicted them of
conspiracy to commit robbery, armed bank robbery, and use of a firearm during commission of
a crime of violence.
FACTS: Four armed men all wearing blue coveralls, gloves, and ski masks burst into First
Interstate Bank in Victorville California. They ordered everyone present to lie down and
then stole $331,951. Police arrived at the scene in time to pursue the getaway van in a high
speed chase. Several shots were fired at the police. They then stopped in a parking lot and
got in two different cars and the chase resumed in two different directions. More shots were
fired and speeds of up to 110 mph were reached. Eventually, all the parties were
apprehended. Before trial, defendant Hicks filed a motion to limine to exclude evidence of
his prior felony convictions for residential robbery and possession of cocaine for sale.
That motion was denied. Thus if Hicks elected to testify, that evidence would be admissible
for impeachment purposes under Rule 609(a). At trial, Hicks took the stand and presented an
alibi defense. He claimed he was there to meet a friend, when he heard the police he started
to run because he was afraid of arrest for two outstanding traffic warrants, and that was
why he gave a false name to the arresting officer. Evidence of Hicks' prior convictions were
elicited and objected to but were admitted into evidence. Hicks was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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