The opinion of the court was delivered by: Arthur J. Schwab United States District Judge
Memorandum Order re: Government's Motion in Limine (doc. no. 83)
The Government moves to prohibit cross-examination of its witness, Mr. Calvin Smith, regarding his prior felony convictions which occurred over ten years ago. The Court heard oral argument on the Motion prior to voir dire on November 13, 2012. After careful consideration of the arguments presented on the record, the Government's Motion in Limine to Limit Cross-Examination of Government Witness (doc. no. 83) will be GRANTED in PART and DENIED in PART.
Federal Rule of Evidence 609 provides, in relevant part, that:
(a) In General. The following rules apply to attacking a witness's character for truthfulness by evidence of a criminal conviction:
(1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence:
(A) must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness is not a defendant; and
(B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant; and
(2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.
(b)Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness's conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair ...