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United States v. Brackeen | 969 F.2d 827 (1992)
At trial, attorneys may impeach witnesses using evidence that shows the witness doesn’t tell the truth. During one trial, the court lets the prosecution use the defendant’s other robbery convictions to show he doesn’t tell the truth, so the court of appeals snatched the case in United States versus Brackeen.
One July, Robert Nello Brackeen went on a spree of bank robberies. With the first robbery, Jermaine Moore and Brackeen robbed a bank together. Moore brought a gun that he used to threaten the teller. With two other robberies, Brackeen was alone and unarmed.
Authorities apprehended Brackeen so he could face federal criminal charges for the three robberies. Brackeen pleaded guilty to the charges for the unarmed robberies, but the charge that Brackeen aided and abetted Moore in an armed bank robbery went to trial. Brackeen claimed that he didn’t know that Moore was armed.
During Brackeen’s trial, he was the lone witness for his defense. The court allowed the prosecution to impeach Brackeen with evidence of his two guilty pleas for unarmed robbery. The trial judge cited Federal Rule of Evidence Six Oh Nine A Two, which permitted evidence of convictions for crimes involving dishonesty. In support, the trial judge cited United States versus Kinslow, which held that armed robbery was per se, meaning by itself, a crime of dishonesty. Brackeen was convicted and appealed. The panel asked sua sponte, meaning without a motion from the parties, for all the judges for the Ninth Circuit to decide the appeal.
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