United States v. Brackeen
United States Court of Appeals for the Ninth Circuit, En Banc
969 F.2d 827 (9th Cir. 1992)
Relevant factsFree
Charged with aiding and abetting an armed bank robbery, Brackeen (defendant) took the stand at trial, and the prosecution sought to impeach him with two prior bank-robbery convictions that involved no dishonest conduct beyond the robberies themselves; the trial court excluded the priors under Rule 609(a)(1) as more prejudicial than probative, but admitted them under Rule 609(a)(2), reasoning bank robbery was per se a crime of dishonesty, and Brackeen appealed.
IssueFree
Whether bank robbery categorically qualifies as a crime involving "dishonesty or false statement" for purposes of impeachment under Federal Rule of Evidence 609(a)(2).