Michelson v. United States
United States Supreme Court
335 U.S. 469 (1948)
Michelson (defendant) was tried for bribing a federal revenue agent and called five witnesses to testify to his good reputation in the community. On cross-examination, the prosecution asked four of those witnesses whether they had heard that Michelson had once been arrested for receiving stolen goods; none had heard of it, but the prosecution showed the judge, outside the jury's presence, that the arrest was real and not fabricated to smear Michelson. Michelson was convicted, the court of appeals affirmed, and he appealed, arguing the cross-examination about the unrelated prior arrest was improper.
Whether a prosecutor may cross-examine a defendant's character witness about whether the witness has heard of the defendant's prior arrest or conviction unrelated to the charge on trial.