Evidence keyed to Mueller
Luce v. United States
Facts
Petitioner was indicted on charges of conspiracy and possession of cocaine with intent to distribute, in violation of 21 U.S.C. Sections 846 and 841(a)(1). During his trial, Petitioner moved for a ruling to preclude the Government from using a 1974 State conviction to impeach him if he testified. There was no commitment by the petitioner he would testify, nor did he make a proffer to the court as to what his testimony would be. The District Court ruled that if the petitioner testified and denied any prior involvement with drugs, he could be impeached by the 1974 conviction. Petitioner did not testify and the jury returned guilty verdicts. The Court of Appeals decision, which did not consider the petitioner’s contentions and held that when the defendant does not testify that the court will not review the District Court’s in limine ruling, was affirmed. The Court reasoned that when a court is directed under Rule 609(a)(1) to weigh the probative value of a prior conviction a gainst the prejudicial effect to the defendant, the court must know the precise nature of the defendant’s testimony, which is unknowable when the defendant does not testify.
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