Luce v. United States - Evidence 2020 Case brief from George Fisher edition 3 (newest edition) PDF

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Evidence 2020 Case brief from George Fisher edition 3 (newest edition)...

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LUCE v. UNITED S 469 U.S. 38, 105 S.Ct. 4 FACTS: Parties: Appellant: Luce (Δ) Appellee: United States Procedural History: 

Trial court found Δ guilty

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Court of appeals affirmed

Relevant Facts: 

Δ was indicted on charges of conspiracy and distribute

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During trial Δ moved for a ruling to preclude conviction to impeach him if he testified

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Trial court held that the conviction would be with drugs but would be inadmissible if he t

ISSUE:

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For the purpose of attacking the credibility o convicted of a crime shall be admitted if elic record during cross-examination but only if o Was punishable by death or imprison under which he was convicted, and th value of admitting this evidence outw defendant, or o Involved dishonesty or false stateme

HOLDING: 

To raise and preserve for review a claim of i with a prior conviction, the defendant must t

COURT’S REASONING:     

A ruling on a motion in limine is subject to c especially if the actual testimony differs from The judge is free to alter a previous in limin When Δ does not testify the appellate court h government would have sought to impeach An appellate court cannot assume that a Δ’s trial court’s ruling of a motion in limine Requiring that a Δ testify in order to preserv reviewing court to determine the impact of a in light of the record as a whole...