Free Newsletter
Criminal Law : Cross Examinations – Prior Convictions – Jury Instructions
Stephanie Maniscalco//October 31, 2017//
Where a defendant in a drug conspiracy case challenged the district court’s exclusion of evidence of a prior conviction of a government witness during cross examination, the judgment is affirmed because the excluded conviction was more than 10 years old, so it was properly excluded under Rule 609(b), and the defendant was given an adequate opportunity to impeach the witness with another felony conviction, and the court’s refusal to give a buyer-seller instruction was also proper because the evidence supported multiple drug transactions well above user quantities.
Judgment is affirmed.
U.S. v. Babb (MLW No. 71141/Case No. 17-1066 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Northern District of Iowa, Strand, Strand, J. (Jerry Hug, Omaha, Nebraska, argued for appellant; Alan Stoler appeared on the brief) (Lisa C. Williams, Cedar Rapids, Iowa, argued for appellee; John H. Lammers appeared on the brief).
Legal Tech
- How ransomware tactics against law firms are changing
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
Latest Opinion Digests
- Criminal Law-Second-Degree Rape-Sufficiency of Evidence
- Criminal Law-Witness Tampering-Sufficiency of Evidence
- Criminal Law-Post-Conviction Relief-Abandonment by Counsel
- Criminal Law-Filing Criminal Charges-Attorney General Aid
- Criminal Law-Civil Commitment-Sexually Violent Predator
- Criminal Law-Assault-Prosecutorial Misconduct
- Real Property-Prescriptive Easement-Public Right of Way
Top stories
- 8th Circuit reverses shoreline use permit revocation
- Missouri Bar committee seeks input on rural legal service gaps
- Appeals court orders new look at conversion therapy case following Supreme Court ruling
- Jury finds seat belt maker liable in $40.5M child injury case
- Injured motorist recovers policy limits, plus medical damages in under a year
- Mother obtains six-figure settlement after rear-end crash leads to lifelong pain
- 8th Circuit affirms denial of preliminary injunction against SB 751
- New dedicated coverage of tech challenges facing law firms and legal departments
