People v. LeMasters

I am in complete agreement with the majority opinion: the hood and sweater were properly used to impeach defendant’s testimony that he was not on the premises on the day in question. A defendant’s privilege to testify on his own behalf does not extend to allowing him to perjure himself with impunity. See Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971).

However, even if United States v. Havens, 446 U.S. 620, 100 S.Ct. 1912, 64 L.Ed.2d 559 (1980) is to be given as narrow an interpretation as the dissenting opinion argues for, nevertheless, I would hold that the evidence in…