UNITED STATES V. SANDERS 964 F.2d 295 (1992) CASE BRIEF

UNITED STATES V. SANDERS

964 F.2d 295 (1992)

NATURE OF THE CASE: Sanders' (D) trial for assault with intent to commit murder and knife or shank possession, the court allowed the United States (P) to admit evidence of D's prior convictions for assault and possession of contraband shank under Fed. R. Evid. 609(a) & 404(b); D appealed.

FACTS: Sanders (D) and Alston were indicted for assault with intent to commit murder and possession of a knife or shank. Both were in prison at the time the assault occurred. D had previously been convicted on similar charges, and filed a motion in limine to exclude evidence of these convictions. The court granted the motion with respect to an armed robbery where the conviction was reversed, and with respect to a stabbing, where D was acquitted. However, the court allowed evidence regarding prior assault and contraband convictions. At trial, D was convicted for possession of a shank, but the jury was unable to reach a verdict on the assault charge. Before the second trial, D renewed his motion in limine to exclude his previous assault and possession of contraband convictions. The court denied the motions. D was convicted of assault, and appeals both the contraband and assault convictions.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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