United States Tenth Circuit

Because the district court violated Fed. R. Evid. 609(a)(1) in refusing to admit evidence for impeachment purposes of the nature of the prior felony convictions of numerous witnesses without first conducting the required balancing test under Rule 403, defendant's conviction for deprivation of rights under color of law, committed during the course of his employment as a correctional officer, reversed.

Appellate Information

• Decided 04/05/2002
• Published 04/05/2002

Judges

• STEPHEN H. ANDERSON, Circuit Judge., Before BRISCOE, ALARCON, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., Clay G. Guthridge, Attorney, United States Department of Justice, Washington, D.C. (Ralph F. Boyd, Jr., Assistant Attorney General, United States Department of Justice, Washington, D.C.;  Jessica Dunsay Silver, Attorney, United States Department of Justice, Washington D.C.;  David Iglesias, United States Attorney, Albuquerque, NM;  Tara C. Neda, Assistant United States Attorney, Albuquerque, NM;  with him on the brief) for Plaintiff-Appellee.