ILNews

Rule inapplicable as witness’s credibility not attacked

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s prior robbery because the defendant wasn’t attacking the brother’s credibility.

William R.D. Britt was charged with felony robbery following a robbery at a Fort Wayne store. One of the witnesses, Benjamin Busbee, initially thought one of the robbers may be Britt’s brother, Brandon, who the witness played high school sports with. Britt had dropped out of high school and didn’t play sports, whereas Brandon played many sports.

After seeing a photo array of a more recent photo of Britt, Busbee immediately identified Britt as the robber instead of Brandon. Britt wanted to call Brandon as a witness and question him regarding his prior robbery conviction. The state didn’t plan on impeaching Brandon’s testimony based on his prior conviction and argued Britt shouldn’t be allowed to mention the prior conviction on direct examination.

Britt’s attorney claimed Indiana Evidence Rule 609 contained mandatory language regarding impeachment by former convictions, so he shouldn’t be limited in his questioning of Brandon. Britt’s attorney also said they weren’t calling Brandon solely to impeach his credibility. The trial court declined to let Britt introduce the evidence of the previous robbery. Britt was convicted of Class B felony robbery, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license.

The appellate court agreed with Britt that the language of Rule 609(a) is mandatory, but it is also expressly limited to when the evidence of the prior conviction is being offered to attack a witness’s credibility, wrote Judge Paul Mathias in William R.D. Britt v. State of Indiana, No. 02A03-1004-CR-253.

“Indeed, Britt used Brandon’s testimony to show that Britt did not play sports in high school, thus calling into question Busbee’s identification of the shorter robber as someone he had played sports with in high school,” wrote the judge. “He therefore had little to gain by attacking Brandon’s credibility.”

In addition, he even conceded on appeal he wasn’t attempting to attack Brandon’s credibility, so Evidence Rule 609(a) is inapplicable.

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. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

ADVERTISEMENT