Home -> Law Blog Directory -> Criminal Law Blogs -> Underdog

Criminal Law

: Underdog

Limiting prejudice from prior convictions in trials for being a felon in possession of a firearm.

By Marks & Katz, LLC

For trials of charges of being a felon in possession of a firearm, prosecutors would love nothing more than for the jury to hear all the details about the prior felony conviction.  The best way for the defense to avoid prejudicing the jury over the prior felony conviction is to hold severed trials of the firearm possession charge and the charge of being a felon in possession of a firearm. If such a motion is denied, the defense should consider reaching a stipulation or admission that the Defendant was convicted of a qualifying felony prior to the alleged possession of the firearm and should seek the most favorable jury instructions to minimize the collateral damage of the jury's knowing about a prior conviction.  The Supreme Court provides guidance on reducing such prejudice in Old Chief v...continue to full post

Full post as published by Underdog on December 23, 2009 (boomark / email).