LUCE V. UNITED STATES
469 U.S. 38 (1984)
NATURE OF THE CASE: This was an appeal to determine the ability to use a prior conviction
to impeach credibility.
FACTS: Luce (P) was indicted in charges of conspiracy and possession of cocaine with
intent to distribute. During this trial, P moved for a ruling to preclude the use of a prior
1974 state conviction to impeach him if he testified. There was no commitment by P that he
would testify if the motion were granted nor did he make an offer of proof. The District
court ruled that the conviction was permissible for impeachment purposes under Rule 609(a)
depending on the nature and scope of P's testimony. P did not testify and was convicted. The
Court of Appeals for the Sixth District affirmed and refused to consider that the District
Court abused its discretion in denying the motion in limine without making an explicit
finding that the probative value of the prior conviction outweighed its prejudicial effect;
in effect when the defendant does not testify, the court will not review the in limine
ruling. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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