United States v. Alexander

48 F.3d 1477 (9th Cir. 1995)

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Nature of the Case

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Facts

Four armed men all wearing blue coveralls, gloves, and ski masks burst into First Interstate Bank in Victorville California. They ordered everyone present to lie down and then stole $331,951. Police arrived at the scene in time to pursue the getaway van in a high-speed chase. Several shots were fired at the police. They then stopped in a parking lot and got in two different cars, and the chase resumed in two different directions. More shots were fired, and speeds of up to 110 mph were reached. Eventually, all the parties were apprehended. Before trial, defendant Hicks filed a motion to limine to exclude evidence of his prior felony convictions for residential robbery and possession of cocaine for sale. That motion was denied. Thus, if Hicks elected to testify, that evidence would be admissible for impeachment purposes under Rule 609(a). At trial, Hicks took the stand and presented an alibi defense. He claimed he was there to meet a friend when he heard the police he started to run because he was afraid of arrest for two outstanding traffic warrants, and that was why he gave a false name to the arresting officer. Evidence of Hicks' prior convictions was elicited and objected to but was admitted into evidence. Hicks was convicted and appealed.