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United States v. Brackeen

United States Court of Appeals for the Ninth Circuit, En Banc
969 F.2d 827 (9th Cir. 1992)


Facts

Brackeen was charged with aiding and abetting another in an armed bank robbery. At trial, Brackeen took the stand and the prosecution sought to introduce into evidence Brackeen’s two prior convictions of bank robberies. The two previous bank robberies did not involve any dishonest acts outside of the crimes themselves. The trial court refused to allow the evidence under 609(a)(1) because the probative value did not outweigh the prejudicial effect. However, the trial court admitted the evidence under 609(a)(2), determining a bank robbery to be a per se crime of dishonesty. Brackeen appealed.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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