· 2/23/1982
Government of the Virgin Islands v. Bedford, Warren
Citations
- 671 F.2d 758
- 9 Fed. R. Serv. 1645
- 1982 U.S. App. LEXIS 21540
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- highlighting the importance of the defendant’s testimony and credibility as relevant considerations when determining admissibility of a prior conviction under Rule 609(a)(1)
- overwhelming evidence lessens possibility of substantial influence on jury of inadmissible evidence
- no new or different offense charged where the count contained all the elements necessary to charge both offenses
- lesser-included offense would never constitute a different offense and seldom would be an additional offense within the meaning of Rule 7(e) of the Federal Rules of Criminal Procedure
- “Rule 609(a)(1) is absolutely clear and explicit in requiring the trial court, before admitting evidence of a prior conviction, to make a determination that the probative value of the evidence outweighs its prejudicial effect to the defendant.”
- “Because a lesser included offense is, by definition, composed exclusively of some, but not all, of the elements of the offense charged, it would never constitute a „different‟ offense . . . within the meaning of Rule 7 (e).”
Source: CourtListener parenthetical corpus (CC0).
Judges: III, Hunter, Van Dusen Sloviter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.