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Impeachment by contradiction with prior crimes evidence subject to FRE 402, 403 & 607, not 404(b) and 609.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

On January 20, 2009, the Third Circuit decided United States v. Gilmore, Case No. 07-3139. It held that a party may permissibly introduce prior crimes evidence, subject to Rules 402, 403 and 607 of the Federal Rules of Evidence, and with a proper limiting instruction, to impeach by contradiction a witness?s testimony regarding a specific fact. See Gilmore, slip op. at 10-11. The Court further held that such impeaching evidence does not fall within the ambit of Rules 404(b) and 609. See id., slip op. at 9, 12. Gilmore involved a prosecution for conspiracy to distribute and to possess with intent to distribute 500g or more of cocaine. See Gilmore, slip op. at 3. Mr. Gilmore testified in his own defense, and during direct examination, stated ?No, I didn?t sell no drugs...continue to full post

Full post as published by Third Circuit Blog on January 26, 2009 (boomark / email).