State v. Ash
Louisiana Court of Appeal
729 So. 2d 664 (1999)
- Written by Abby Roughton, JD
Facts
The State of Louisiana (plaintiff) charged Tyron Ash (defendant) with possession of cocaine with the intent to distribute based on conduct observed by officers patrolling the intersection of LaSalle and Josephine Streets in New Orleans. Ash had previously been convicted three times for possession of cocaine. At Ash’s trial, Ash testified in his own defense. During direct examination, when Ash’s counsel asked Ash about his prior convictions, Ash testified that he had two or three prior convictions. On cross-examination, Ash admitted to having two prior convictions and testified that he could not remember whether he had been convicted a third time. The prosecutor then asked Ash about his arrests for each conviction and elicited Ash’s testimony that he had previously been arrested three times near LaSalle and Josephine Streets, and that those arrests had led to three convictions for possession of cocaine. The jury found Ash guilty, and Ash appealed to the Louisiana Court of Appeal. On appeal, Ash claimed that his counsel improperly failed to object to the prosecutor’s cross-examination regarding the details of Ash’s prior convictions.
Rule of Law
Issue
Holding and Reasoning (Byrnes, J.)
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