United States v. Gilmore
United States Court of Appeals for the Third Circuit
553 F.3d 266 (2009)
- Written by Arlyn Katen, JD
Facts
In 2006, Walter Gilmore (defendant) was federally charged with conspiring to distribute and possession with intent to distribute cocaine. Gilmore testified in his own defense, claiming on direct examination, “I don’t sell no drugs. I never did.” The district court permitted the prosecution (plaintiff) to cross-examine Gilmore about Gilmore’s two 1992 convictions for possession with intent to distribute drugs, but the court ruled that the prosecution could not introduce documentation proving the convictions unless Gilmore denied the convictions. As a result, Gilmore admitted to the 1992 convictions during cross-examination but claimed that the convictions had occurred a long time ago and that he had changed his life after leaving prison. The district court twice cautioned the jury to consider Gilmore’s 1992 convictions only in relation to Gilmore’s credibility and not as evidence of Gilmore’s guilt. The jury convicted Gilmore. Gilmore appealed, primarily arguing that the district court had erred by admitting evidence of Gilmore’s 1992 drug convictions.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
