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Name: People v. Robinson
Case #: B223311
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/28/2011
Subsequent History: rev. denied 1/4/2012

A prior conviction for possession of a firearm by a felon is a crime of moral turpitude and is admissible to impeach the defendant if the trial court conducted the analysis required by Evidence Code section 352. Robinson was charged with battery on a correctional officer. He testified at trial and was impeached with his prior conviction for Penal Code section 12021, subdivision (a)(1). Several cases have held that possession of a firearm by a felon is a crime of moral turpitude as it denotes a "readiness to do evil." That is based on a review of the minimum statutory…

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Name: People v. Maestas
Case #: A108030
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/30/2005

A defendant’s prior conviction for failure to appear was admissible at trial for impeachment purposes. The defendant testified on his own behalf during his jury trial for assault with a deadly weapon, and was impeached with evidence of three unspecified felony convictions and a misdemeanor conviction of lying to a police officer. On appeal, he argued that his conviction for failing to appear was improperly admitted as impeachment evidence because the offense does not involve moral turpitude. The Court of Appeal rejected the argument, holding that a defendant who fails to show up in court after securing…

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Name: U.S. v. Foster
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/13/2000
Subsequent History: None

Because receipt of stolen property is not per se crime a crime of dishonesty, it may not automatically be considered a crime of dishonesty for impeachment purposes under Rule 609(a)(2). The district court erred here in allowing the government to use it without first determining whether the crime actually involved deceitful or fraudulent conduct. Because appellant's credibility was of utmost importance, the erroneous admission of appellant's prior offense was not…

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Name: People v. Steele
Case #: B134069
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 08/22/2000
Subsequent History: Review denied 12/13/00

The trial court erred when it refused to allow appellant to cross-examine victim-witness Williams on her prior misdemeanor conviction for providing false information to a police officer during an arrest for prostitution. While appellant's Sixth Amendment right to confrontation and cross-examination was violated, it was not prejudicial per Davis v. Alaska (1974) 415 U.S. 308. Here Williams was impeached with her prior conviction for voluntary manslaughter. Furthermore, she admitted a 20 year career as a prostitute. The fact that during that lengthy prostitution career Williams had provided false information to a police officer probably "surprised no…

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