UNITED STATES V. LIPSCOMB
702 F.2d 1049 (D.C. Cir. 1983)
NATURE OF THE CASE: This was an appeal from a conviction in a second trial for possession
of heroin with intent to distribute.
FACTS: Lipscomb (D) testified in his first trial which ended in hung jury. D had been
impeached on cross examination concerning a conviction for robbery eight years before. On
the second trial, D made a motion in limine to prevent the use of his prior conviction but
the judge allowed that evidence under FRE 609(a)(1) and as such D did not testify at his
second trial. The judge also permitted the prosecutor to bring into evidence the prior
convictions of three defense witnesses, robbery five years before, robbery one year earlier,
and manslaughter five years before. After the trial the judge invited the prosecutor to
present further evidence during the hearing on D's motion for a new trial. In the post-trial
hearing the government presented extensive details on D's criminal past; the robbery was
with a B-B gun and various misconduct while on probation. The evidence against the three
defense witnesses was also overwhelming. D's motion for a new trial was overruled and D
appealed the admission of his criminal past at trial.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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