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Taylor v. State

8/2/2001

fore it got a chance to assess his credibility as a witness, then our whole criminal justice system is in trouble. Juries always hear the State's case first and they are instructed to withhold judgment until all the evidence is in. By the time a criminal defendant takes the witness stand, if he chooses to, most juries have heard a lot of negative information that would undermine their view of the defendant's credibility. Yet we expect juries to remain open minded. In this case, where Taylor voluntarily explained his long history of criminal activity (cocaine addiction/use), how prejudicial could it be for the jury to learn about his prior convictions before Taylor began testifying instead of learning that fact on cross-examination? To be sure, there could be a case where, because a defendant changes his defense strategy at the last minute, the premature introduction of prior convictions would be highly prejudicial. But this is not such a case. Taylor has never argued that he wanted to rely on a defense other than entrapment.


In short, the evidence against Taylor was strong B so strong that his only defense was entrapment. In arguing entrapment, Taylor had to convince the jury that, although he was a drug user, he was not a drug seller. Since Taylor acknowledged that he worked on "odd jobs"(when he worked at all), received food stamps, and had a drug habit that could cost as much as $500 per day, it is not surprising that the jury rejected his entrapment defense. There simply is no reason to believe that the timing of the disclosure of Taylor's prior convictions influenced the verdict and I would affirm the convictions.






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