United States v. Lipscomb

At Lipscomb's first trial for drug distribution, which ended in a hung jury, he testified and was impeached with an eight-year-old robbery conviction. At his retrial, the trial court denied his motion to preclude that impeachment under Rule 609(a)(1), so Lipscomb chose not to testify, while the prosecutor separately impeached three of his defense witnesses with their own prior convictions, reasoning in part that an armed robber would likely also lie under oath. After Lipscomb's conviction, a post-trial hearing produced more detail on the underlying convictions — including that Lipscomb's own robbery involved a BB gun and $13, and that the witnesses' convictions involved armed robbery and helping others fatally stab a robbery victim. Lipscomb appealed, arguing the trial court was generally required to inquire into the facts and circumstances behind a conviction before admitting it under Rule 609(a)(1).