United States v. Hatcher, No. 73-3042.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPER CURIAM
Citation496 F.2d 529
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Waymond Richard HATCHER, Defendant-Appellant.
Docket NumberNo. 73-3042.
Decision Date29 April 1974

496 F.2d 529 (1974)

UNITED STATES of America, Plaintiff-Appellee,
v.
Waymond Richard HATCHER, Defendant-Appellant.

No. 73-3042.

United States Court of Appeals, Ninth Circuit.

April 29, 1974.


J. Scott Buchanan (argued), Larscheid, Millhone, Buchanan, Winingar & Kerlan, Sacramento, Cal., for defendant-appellant.

Bruce Babcock, Jr., Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and TAYLOR,* District Judge.

OPINION

PER CURIAM:

Hatcher appeals from a conviction for interstate transportation of a stolen vehicle,

496 F.2d 530
a violation of the Dyer Act, 18 U. S.C. § 2312. We affirm

The trial judge admitted evidence of appellant's three prior Dyer Act convictions, one of which dated from 1955. Appellant claims that the district judge failed to properly exercise his discretion under the Luck rule which requires the trial judge to weigh the relevance of the prior convictions as affecting a defendant's credibility against their prejudicial impact. Luck v. United States, 121 U.S.App.D.C. 151, 348 F.2d 763, 768-769 (1965); see also United States v. Palumbo, 401 F.2d 270, 273 (2d Cir. 1968), cert. denied, 394 U.S. 947, 89 S.Ct. 1281, 22 L.Ed.2d 480 (1969). While dicta in our previous cases becloud the issues somewhat, see United States v. Walling, 486 F.2d 229, 237 (9th Cir. 1973), the Luck rule has been adopted, at best, only to a limited degree in this circuit. Compare United States v. Villegas, 487 F.2d 882 (9th Cir. 1973) with United States v. Holley, 493 F.2d 581 at 585-586 (9th Cir. 1974) (Hufstedler, J., dissenting). Old convictions may, in the discretion of the trial court, be excluded as insufficiently probative of credibility. See United States v. Allison, 414 F.2d 407, 412 (9th Cir.) (dictum), cert. denied, 396 U.S. 968, 90 S.Ct. 449, 24 L.Ed.2d 433 (1969); Singleton v. United States, 381 F.2d 1, 4 (9th Cir.) (dictum), cert. denied, 389 U.S. 1024, 88 S.Ct. 601, 19 L.Ed.2d 673 (1967). The trial judge here considered that the convictions were not too aged to outweigh their relevance. Admitting evidence of the prior convictions was not an abuse of the trial court's limited discretion. The convictions were for theft which is more indicative of credibility than, say convictions for crimes of violence. See United States v. Puco, 453 F.2d 539, 543 (2nd Cir. 1971). Moreover, the most serious problem exists as to the 1955 conviction, and that conviction...

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7 practice notes
  • U.S. v. Lemon, No. 76-1443
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 8, 1977
    ...87 S.Ct. 824, 17 L.Ed.2d 705 (1967); United States v. Casimiro-Benitez, 533 F.2d 1121, 1124-25 (9th Cir. 1976); United States v. Hatcher, 496 F.2d 529, 530 (9th Cir. CONSENT TO SEARCH After his arrest, appellant was taken to his hotel and was there asked if his room could be searched. He no......
  • U.S. v. Glenn, No. 80-1619
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 1, 1982
    ...sitting by designation. 1 The Government relies on United States v. Wilson, 536 F.2d 883 (9th Cir. 1976), and United States v. Hatcher, 496 F.2d 529 (9th Cir. 1974), for the proposition that "burglary and larceny are crimes which reflect on ... credibility." In both Wilson and Hat......
  • U.S. v. Gaines, Nos. 77-1687
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 3, 1977
    ...States v. Wilson, 536 F.2d 883, 885 (CA9 1976), cert. denied 429 U.S. 982, 97 S.Ct. 497, 50 L.Ed.2d 592, and United States v. Hatcher, 496 F.2d 529 (CA9 1974), leave the issues of remoteness in time and similarity of charges to the sound discretion of the trial judge. The record before us f......
  • U.S. v. Anfield, No. 75-3471
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 14, 1976
    ...not exclude evidence offered to prove the fact that a statement was made, rather than the truth. See, e. g., United States v. Hatcher, 496 F.2d 529 (9th Cir. 1974). The prosecutor's testimony at appellant's trial that appellant had testified before the grand jury that Jackson told him that ......
  • Request a trial to view additional results
7 cases
  • U.S. v. Lemon, No. 76-1443
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 8, 1977
    ...87 S.Ct. 824, 17 L.Ed.2d 705 (1967); United States v. Casimiro-Benitez, 533 F.2d 1121, 1124-25 (9th Cir. 1976); United States v. Hatcher, 496 F.2d 529, 530 (9th Cir. CONSENT TO SEARCH After his arrest, appellant was taken to his hotel and was there asked if his room could be searched. He no......
  • U.S. v. Glenn, No. 80-1619
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 1, 1982
    ...sitting by designation. 1 The Government relies on United States v. Wilson, 536 F.2d 883 (9th Cir. 1976), and United States v. Hatcher, 496 F.2d 529 (9th Cir. 1974), for the proposition that "burglary and larceny are crimes which reflect on ... credibility." In both Wilson and Hat......
  • U.S. v. Gaines, Nos. 77-1687
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 3, 1977
    ...States v. Wilson, 536 F.2d 883, 885 (CA9 1976), cert. denied 429 U.S. 982, 97 S.Ct. 497, 50 L.Ed.2d 592, and United States v. Hatcher, 496 F.2d 529 (CA9 1974), leave the issues of remoteness in time and similarity of charges to the sound discretion of the trial judge. The record before us f......
  • U.S. v. Anfield, No. 75-3471
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 14, 1976
    ...not exclude evidence offered to prove the fact that a statement was made, rather than the truth. See, e. g., United States v. Hatcher, 496 F.2d 529 (9th Cir. 1974). The prosecutor's testimony at appellant's trial that appellant had testified before the grand jury that Jackson told him that ......
  • Request a trial to view additional results

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