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Criminal Law: Cross Examination – Past Convictions
Geri Dreiling//December 12, 2012//
Where the trial court prohibited the defendant from cross-examining a cooperating witness about his two felony convictions in the 1970s, the limitation did not violate the defendant’s Sixth Amendment rights under the Confrontation Clause because the connection between the proposed cross-examination and the inference was highly biased because the witness testified during a proffer that he was not aware he was subject to prosecution as a habitual offender under Arkansas law and the defendant was allowed to develop other evidence of potential bias.
Judgment is affirmed.
United States v. Jasso (MLW No. 64442/Case No. 12-1158 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Miller, J. (Jeffrey M. Rosenzweig, Little Rock, Arkansas, for appellant) (Anne E. Gardner, Little Rock, Arkansas, appellee).
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