Legal Opinion

Donald Dean Thurman v. United States

Court of Appeals for the Ninth Circuit

Decided April 16, 1963No. 18236_1PublishedCited by 21 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

1. It was error to suggest by leading questions on cross-examination of appellant that he had participated in specific acts of criminal conduct, not resulting in convictions, other than those with which he was charged. The questions could not be justified as impeachment;' “only a conviction . . . may be inquired about to undermine the trustworthiness of a witness.” Michelson v. United States, 335 U.S. 469, 482, 69 S.Ct. 213, 93 L.Ed. 168 (1948) (emphasis added); United States v. Provoo, 215 F.2d 531, 536 (2d Cir. 1954). Nor were the acts relevant to prove a common…

2Cases cited10 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Michelson v. United StatesSupreme Court of the United States · 1949
  3. Marshall v. United StatesSupreme Court of the United States · 1959
  4. Hawkins v. United StatesSupreme Court of the United States · 1958
  5. United States v. John David ProvooCourt of Appeals for the Second Circuit · 1954

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3Cited by21 opinions

  1. Jesse James Gilbert v. United StatesCourt of Appeals for the Ninth Circuit · 1966
  2. Alfred H. Osborne, Sr. v. United StatesCourt of Appeals for the Eighth Circuit · 1965
  3. Commonwealth v. DominicoMassachusetts Appeals Court · 1974
  4. United States v. Gale Nace and Nathan J. Warren, Sr., United States of America v. Ned Warren, Sr., and Gale NaceCourt of Appeals for the Ninth Circuit · 1977
  5. Michael Douglas Burr v. G. E. Sullivan, Superintendent, Oregon State Correctional InstitutionCourt of Appeals for the Ninth Circuit · 1980

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