United States v. Lipscom

702 F.2d 1049 (D.C. Cir. 1983)

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Nature of the Case

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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.