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Rule inapplicable as witness’s credibility not attacked

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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.

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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