U.S. v. Bowen, 74-1205
| Decision Date | 11 November 1974 |
| Docket Number | No. 74-1205,74-1205 |
| Citation | 500 F.2d 41 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. William John Allen BOWEN, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
John Tim McCall, Louisville, Ky. (Court-appointed), on brief, for defendant-appellant.
George J. Long, U.S. Atty., Mark Stephen Pitt, Asst. U.S. Atty., Louisville, Ky., on brief, for plaintiff-appellee.
Before PHILLIPS, Chief Judge, McCREE Circuit Judge, and RUBIN, 1 District Judge.
This is an appeal from a conviction in a jury trial of a fifty-six year old man who received a nine-year sentence for causing to be transported in interstate commerce three falsely made and forged checks, in violation of 18 U.S.C. 2314.
On appeal, it is contended, first,
1 The Honorable Carl B. Rubin, Judge, U.S. District Court for the Southern District of Ohio, sitting by designation. by asking him if he had ever been convicted of a felony. However, after appellant responded 'yes' to this question, the district court instructed the jury, specifically, that the question 'has nothing to do with the substantive offense alleged in this charge, and you may not consider it for any purpose other than the question of (appellant's) credibility.' This introduction of evidence of prior felony convictions for the limited purpose of impeaching a criminal defendant who voluntarily had taken the witness stand is consistent with the traditional rule of law recognized in this country. See e. g., McGautha v. United States 402 U.S. 183, 213-217, 91 S.Ct. 1454, 28 L.Ed.2d 711 (1971); Spencer v. Texas, 385 U.S. 554, 561, 87 S.Ct. 648, 17 L.Ed.2d 606 (1967); United States v. Palumbo, 401 F.2d 270 (2d Cir. 1968), cert. denied, 394 U.S. 947, 89 S.Ct. 1281, 22 L.Ed.2d 480 (1969); United States v. Remco, 388 F.2d 783 (3d Cir. 1968); Singleton v. United States, 381 F.2d 1 (9th Cir. 1967); United States v. Eggebrecht, 486 F.2d 136 (8th Cir. 1973). We are not persuaded by appellant's contentions that a different rule is constitutionally mandated on grounds that this procedure violated appellant's constitutional rights against self-incrimination, to a trial by an impartial jury, and to equal protection and due process of law. And we decline at this time to reconsider the traditional rule as a matter of our supervisory power over criminal trials in this circuit.
Appellant also contends that the district court erred in not declaring a mistrial when the prosecutor, in closing argument to the jury, said that the eyewitness identification of appellant 'was good enough...
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...suggest that a defendant is guilty merely because he is being prosecuted or has been indicted." 593 F.2d at 754; see United States v. Bowen, 500 F.2d 41, 42 (6th Cir. 1974) (holding that it was improper for a prosecutor to state that an eyewitness identification "was good enough" when it wa......
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U.S. v. Leon
...the jury, and the strength of the competent proofs introduced to establish the guilt of the accused. See, e. g., United States v. Bowen, 500 F.2d 41 (6th Cir. 1974), cert. denied, 419 U.S. 1003, 95 S.Ct. 322, 42 L.Ed.2d 278 This circuit has condemned the practice of some government attorney......
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...may not comment on the fact that the defendant has been indicted on the crimes being tried as proof of guilt. See United States v. Bowen, 500 F.2d 41, 41 n. 1 (6th Cir.1974). We further agree that establishing guilt by association is also an improper manner by which to obtain a conviction, ......
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U.S. v. 09–3176)
...suggest that a defendant is guilty merely because he is being prosecuted or has been indicted.” 593 F.2d at 754; see United States v. Bowen, 500 F.2d 41, 42 (6th Cir.1974) (holding that it was improper for a prosecutor to state that an eyewitness identification “was good enough” when it was......