U.S. v. Davis, No. 73-3203

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore MERRILL and WALLACE; PER CURIAM
Citation501 F.2d 1344
PartiesUNITED STATES of America, Appellee, v. Donald Ray DAVIS, Appellant.
Docket NumberNo. 73-3203
Decision Date17 July 1974

Page 1344

501 F.2d 1344
UNITED STATES of America, Appellee,
v.
Donald Ray DAVIS, Appellant.
No. 73-3203.
United States Court of Appeals, Ninth Circuit.
July 17, 1974.

James L. Varnell (argued), Des Moines, Wash., for appellant.

J. Ronald Sim, Asst. U.S. Atty. (argued), Seattle, Wash., for appellee.

Before MERRILL and WALLACE, Circuit Judges, and SKOPIL, 1 District judge.

Page 1345

OPINION

PER CURIAM:

Donald Ray Davis appeals a conviction of knowingly distributing and possessing with the intent to distribute mushroom pieces containing lysergic acid diethylamide (LSD) in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(B), and 18 U.S.C. 2.

Davis' first contention is that the trial court erred in denying Davis' motion to suppress the use of a prior state court conviction for a similar offense. On July 12, 1973, Davis was convicted in King County Superior Court for the State of Washington. The charge was for possession of cocaine. On September 12, 1973, the morning of trial in this case, counsel for Davis apprised the court of Davis' intention to testify. Davis requested that the United States not be allowed to impeach his testimony by the prior state conviction. The court denied Davis' motion.

Davis claims that the trial judge, in refusing to suppress the prior conviction, failed to properly exercise his discretion under the .luck rule. Luck v. United States, 121 U.S.App.D.C. 151, 348 F.2d 763 (1965). The Luck doctrine is not the rule in this circuit. In United States v. Villegas, 487 F.2d 882, 883 (9th Cir. 1973), we stated that 'the point of our prior decisions is that in this circuit reversible error cannot be predicated upon a refusal to follow the Luck rule.' However, proof of prior convictions for impeachment may be excluded if the trial judge, in the exercise of his discretion, concludes that it lacks sufficient probative value because of the remoteness in time of the convictions. United States v. Hatcher, 496 F.2d 529 (9th Cir. 1974); United States v. Allison, 414 F.2d 407, 412 (9th Cir. 1969); Singleton v. United States, 381 F.2d 1, 4 (9th Cir. 1967). The trial judge in this instance concluded that the prior conviction was not too old to be relevant to the issue of credibility. The conviction was a very recent one. The trial judge did not abuse his discretion.

Davis' second contention is that the trial court erred by instructing the jury that psilocybin was a controlled substance and that the first element of the offenses would...

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15 practice notes
  • U.S. v. Jewell, No. 74-2832
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 27, 1976
    ...Circuit Judge: We took this case in banc to perform a simple but necessary " housekeeping" chore. The opinion in United States v. Davis, 501 F.2d 1344 (9th Cir. 1974), refers to possession of a controlled substance, prohibited by21 U.S.C. § 841(a)(1), as a "general intent" crime. If this me......
  • U.S. v. Morales, No. 298
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 12, 1978
    ...532 F.2d 697, 698 (9th Cir.) (en banc), cert. denied, 426 U.S. 951, 96 S.Ct. 3173, 49 L.Ed.2d 1188 (1976); United States v. Davis, 501 F.2d 1344 (9th Cir. 1974). Nevertheless, because defense counsel was seemingly unaware of these cases, a significant part of his summation was devoted to sp......
  • State v. Sartin, No. 94-0037-CR
    • United States
    • United States State Supreme Court of Wisconsin
    • April 11, 1996
    ...(Cal.Ct.App.1980); People v. Garringer, 48 Cal.App.3d 827, 835, 121 Cal.Rptr. 922, 927 (Cal.Ct.App.1975). 9 See United States v. Davis, 501 F.2d 1344, 1346 (9th Cir.1974) (holding that "[t]he government is not required to prove that the defendant actually knew the exact nature of the substa......
  • U.S. v. Ramos, No. 80-5947
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 22, 1982
    ...v. Jewell, 532 F.2d 697 (9th Cir.) (en banc), cert. denied, 426 U.S. 951, 96 S.Ct. 3173, 49 L.Ed.2d 1188 (1976); United States v. Davis, 501 F.2d 1344 (9th Cir. The appellant in the recent case of United States v. Gonzalez, 661 F.2d 488 (5th Cir. 1981), had been indicted for conspiring to d......
  • Request a trial to view additional results
15 cases
  • U.S. v. Jewell, No. 74-2832
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 27, 1976
    ...We took this case in banc to perform a simple but necessary " housekeeping" chore. The opinion in United States v. Davis, 501 F.2d 1344 (9th Cir. 1974), refers to possession of a controlled substance, prohibited by21 U.S.C. § 841(a)(1), as a "general intent" crime. If th......
  • U.S. v. Morales, No. 298
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 12, 1978
    ...532 F.2d 697, 698 (9th Cir.) (en banc), cert. denied, 426 U.S. 951, 96 S.Ct. 3173, 49 L.Ed.2d 1188 (1976); United States v. Davis, 501 F.2d 1344 (9th Cir. 1974). Nevertheless, because defense counsel was seemingly unaware of these cases, a significant part of his summation was devoted to sp......
  • State v. Sartin, No. 94-0037-CR
    • United States
    • United States State Supreme Court of Wisconsin
    • April 11, 1996
    ...(Cal.Ct.App.1980); People v. Garringer, 48 Cal.App.3d 827, 835, 121 Cal.Rptr. 922, 927 (Cal.Ct.App.1975). 9 See United States v. Davis, 501 F.2d 1344, 1346 (9th Cir.1974) (holding that "[t]he government is not required to prove that the defendant actually knew the exact nature of the s......
  • U.S. v. Ramos, No. 80-5947
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 22, 1982
    ...v. Jewell, 532 F.2d 697 (9th Cir.) (en banc), cert. denied, 426 U.S. 951, 96 S.Ct. 3173, 49 L.Ed.2d 1188 (1976); United States v. Davis, 501 F.2d 1344 (9th Cir. The appellant in the recent case of United States v. Gonzalez, 661 F.2d 488 (5th Cir. 1981), had been indicted for conspiring to d......
  • Request a trial to view additional results

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