ILNews

7th Circuit cautions about propensity inference

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how a previous drug conviction showed the man had intent or absence of mistake in the instant case.

Titorian Webb appealed his convictions of possessing cocaine, marijuana, and ecstasy with intent to deliver in United States of America v. Titorian O. Webb, No. 08-1338, challenging the admittance of his 1996 conviction of distributing cocaine. The District Court allowed the prosecutor to introduce the 1996 conviction to show Webb's intent and the absence of mistake under Fed. R. Evid. 404(b).

"It is hard to see how the 1996 conviction shows either intent or absence of mistake," wrote Judge Frank Easterbrook.

The charges against Webb had an intent element, but Webb argued he didn't possess the drugs found in his girlfriend's house for any purpose. In terms of the absence of mistake element, Judge Easterbrook questioned how a conviction could show this except by the prohibited inference that a person who had distributed drugs once would do it again. The apparent position of the prosecutor - that a drug conviction can always be used in another drug prosecution, even if the crimes have nothing else in common - was rejected by United States v. Beasley, 809 F.2d 1273 (7th Cir. 1987), and United States v. Simpson, 479 F.3d 492 (7th Cir. 2007).

There are several case holdings showing a district judge hadn't erred in admitting prior convictions to show intent or absence of mistake in drug prosecutions, including United States v. Hurn, 496 F.3d 784, 787 (7th Cir. 2007). None of the opinions explain why a prior conviction shows intent or absence of a mistake, but it could be because the parties assumed the evidence was relevant and didn't present the question in an adversarial manner for decision on appeal, wrote the judge.

But the appellate court decided not to tackle the "tension" between Beasley and Hurn in the instant case because "even the lighter harmless-error standard would require us to affirm Webb's conviction," wrote Judge Easterbrook.

Based on the evidence, the fact Webb had a drug conviction on his record couldn't have affected the jury's verdict.

"The harmless-error rule means that district judges, rather than courts of appeals, are the principal enforcers of limits on other-crime evidence," he wrote. "We trust that district judges will review evidence of this kind carefully to ensure that it really is relevant, and serves a legitimate goal rather than leading to the forbidden propensity inference."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT