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.


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  2. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  3. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  4. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  5. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.