Legal Opinion · Dissent

Leroy Shorter, Also Known as Roy Lee Shorter v. United States

Court of Appeals for the Ninth Circuit

Decided July 11, 1969No. 22360_1Published

1DissentRoger D. Foley, District Judge

I am in agreement with the majority’s disposition of appellant’s contention relative to the admissibility of the evidence of flight.

I respectfully dissent from the majority’s treatment of the second and third questions.

As stated by Judge Carter for the majority, these questions are:

II. Should a district judge exercise an inherent discretion to exclude proof of prior felony convictions offered for impeachment purposes by balancing the factors concerning them?

III. Does the rationale of Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967) bar the use of felony convictions offered…

2Cases cited26 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Carnley v. CochranSupreme Court of the United States · 1962

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API