 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Miller v. State12/14/1989
at 119.
The California court further noted that by state law it is a felony to conspire to commit a misdemeanor and then asked " hat moral turpitude follows from a conviction of conspiracy to tattoo a person under 18?" Id. 211 Cal.Rptr. at 727 n. 7, 696 P.2d at 119 n. 7. Cf. Com. v. Randall, 515 Pa. 410, 528 A.2d 1326 (1987).
Witness impeachment, not the defendant, was involved in review by the Montana Supreme Court in State v. Shaw, 775 P.2d 207, 208-09 (Mont. 1989), but the recitation on the subject of conviction by prejudice, not by evidence, has a totality of relevance:
The record fails to disclose any appropriate reason for the State's inquiry as to the prior criminal conduct of Mr. Schoonover. Clearly it was not something inadvertent in nature, as the defendant's attorney objected to the question but was overruled by the trial court. We conclude that the intention on the part of the State was to discredit the witness by showing that he had been engaged in crimes of intimidation and assault, and that the intimidation crime involved guns. We further conclude that the aim on the part of the State was to improperly impugn the character of the defendant and thereby suggest a greater likelihood of guilt of the crimes with which he was charged. We will not tolerate this intentional and significant evasion of our rules.
We conclude that the prosecution's inquiry clearly was improper under Rule 609, M.R.Evid., and that none of the exceptions stated in Rule 404(b), M.R.Evid. applied. We hold that it was reversible error for the District Court to allow this testimony.
I would request supplemental briefing on the issues of the adequacy of objection, plain error and ineffectiveness of counsel, as well as a more comprehensive review procedurally and substantively of why this prior conviction which was presented to the jury in the cross-examination was admissible within the purview of W.R.E. 609.
Page 1 2 3 4 5 6 7 8 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|