United States v. Tse

375 F.3d 148 (2004)

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United States v. Tse

United States Court of Appeals for the First Circuit
375 F.3d 148 (2004)

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  • Written by Sean Carroll, JD

Facts

The United States (plaintiff) brought suit against Tse (defendant) for distributing cocaine. Tse was convicted. Tse sold cocaine to Stephen Williams, a cooperating DEA witness. The DEA was unable to record the sale, so it called Williams to testify at trial. Tse attempted to impeach Williams by, among other things, proffering evidence of Williams’ prior conviction for assault and battery against a police officer (ABPO). Tse also had a prior conviction for ABPO and the prosecution sought to admit that into evidence. The district court excluded both ABPO convictions, concluding that the analysis of one was closely related to the other. The district court did, however, admit evidence of another crime Williams committed, as well as evidence of his prior involvement with drugs. The district court convicted Tse. He appealed.

Rule of Law

Issue

Holding and Reasoning (Lipez, J.)

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Casebooks

Evidence

Key Terms

  • Federal Rule of Evidence 609(a)(1)Provides that in attacking a witness’s character for truthfulness, a party may inquire about prior felony convictions of a defendant-witness in a criminal case if the evidence's probative value outweighs its prejudicial effect. The rule also provides that, subject to Rule 403, a party may inquire about prior felony convictions of a witness in a civil case or a nondefendant-witness in a criminal case.
  • Impeachment of a WitnessThe questioning or discrediting of a witness's veracity or reliability. Any party may impeach any witness, including a witness the party has called.
  • Federal Rule of Evidence 403Provides that evidence, even if relevant, may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, unduly delaying the proceedings, wasting time, or needlessly presenting cumulative evidence.

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