Maura v. United States

555 A.2d 1015, 1989 D.C. App. LEXIS 43, 1989 WL 24703
CourtDistrict of Columbia Court of Appeals
DecidedMarch 21, 1989
DocketNo. 87-410
StatusPublished
Cited by4 cases

This text of 555 A.2d 1015 (Maura v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maura v. United States, 555 A.2d 1015, 1989 D.C. App. LEXIS 43, 1989 WL 24703 (D.C. 1989).

Opinion

FERREN, Associate Judge:

After a jury trial, appellant was convicted of unlawful entry, D.C.Code § 22-3102 (1981). The court sentenced him to a suspended sentence of five days and placed him on probation for one year, with probation to end when appellant completed twenty hours of community service. The trial court allowed the prosecution, over defense objection, to ask each of appellant’s character witnesses whether he had heard of appellant’s arrest for attempted robbery in 1986. Appellant claims the trial court abused its discretion in allowing these questions and, even more specifically, in failing to give sua sponte a limiting instruction. We affirm.

[1016]*1016I.

The government’s evidence at trial showed that appellant Maura had been stopped on the Georgetown University campus in Healy Hall by Special Police Officer Piper on January 18, 1986. When Piper learned that Maura was not a student or a faculty or staff member and had no legitimate reason for being on campus, she orally barred Maura from the campus. Maura also read and signed a barring notice, which stated that if Maura returned to the Georgetown campus he would be arrested for unlawful entry. Piper encountered Maura in Healy Hall again on December 2, 1986. When she learned that Maura had been previously barred, she arrested him for unlawful entry.

Maura testified at trial that he was a student at American University. He said that in January 1986, he had been on leave from school to earn money to pay for future semesters. He admitted that he had been stopped by Piper in January 1986 and that he had read, signed, and understood the barring notice; but, he added that he did not believe he was unlawfully on the campus. Maura further testified that, in August 1986, he had registered for a class at American University in the academic program for experimental learning. Although he had paid the initial registration fee, he had not paid the course fee because he had not had enough money for it. He stated that when he had been stopped by Piper in December 1986, he had believed that he had a right to be on campus because, as a registered student at American University, he could use the libraries at other universities.

At trial, two character witnesses testified that Maura had a good reputation for truthfulness. Lloyd Hamilton, who had known appellant for five years, testified that Maura had a reputation as an “honest” and “reliable” person. Steve Tap-schatt, who had known Maura for six years, testified that Maura was “reliable.” Neither witness had heard of appellant’s arrest in 1986 for attempted robbery, but each said that the arrest did not change his opinion as to appellant’s truthfulness.

II.

Appellant argues that the trial court abused its discretion in allowing the questions about appellant’s 1986 arrest on cross-examination of his character witnesses because the questions were more prejudicial than probative. The trial court did not make a finding on the record that the impeachment questions were more probative than prejudicial, but the record suggests no abuse of discretion in allowing the questions.

Appellant’s veracity was important because conviction for unlawful entry depended on whether the jury believed appellant’s testimony that he had had a good faith belief in his right to be on the Georgetown campus despite the barring notice against him. See Crews v. United States, 514 A.2d 432, 435 (D.C.1986). Appellant’s 1986 arrest was probative, therefore, because it tested the witnesses’ knowledge of information inconsistent with defendant’s reputation in the community for truthfulness. See Askew v. United States, 540 A.2d 760, 761 (D.C.1988); Morris v. United States, 469 A.2d 432, 435 (D.C.1983). The prejudice to appellant, moreover, was not great. The arrest occurred during the period of time that the character witnesses knew appellant, and it took place in the community from which the character witnesses were reporting. See Awkard v. United States, 122 U.S.App.D.C. 165, 352 F.2d 641 (1965) (abuse of discretion where trial court permitted questioning of character witnesses about prior arrests and witnesses had no knowledge of defendant’s reputation in community at time she was arrested). Accordingly, there was reason to believe the witnesses might have heard about it. In addition, defense counsel and the trial court brought out before the jury the fact that the arrest had been “nol-prossed” by the government and, inferentially, that the arrest therefore may not have had much of an impact on appellant’s reputation. Defense counsel fully explored the effect of the arrest on appellant’s reputation for truthfulness, and each witness stated that the arrest did not affect his opinion as to appellant’s truthfulness. In light of the [1017]*1017relevance of appellant’s arrest to his reputation for veracity and of the minimal prejudice from the questions, we conclude there was no abuse of discretion in permitting them. See Michelson v. United States, 335 U.S. 469, 480, 69 S.Ct. 213, 220, 93 L.Ed. 168 (1948).

III.

Appellant Maura next contends that the trial court committed reversible error by failing to give sua sponte a cautionary instruction limiting the purpose for which evidence of Maura’s earlier arrest was admissible. We have held that when a defendant is impeached with his own prior convictions, the defense fails to request a limiting instruction, and the trial court does not give sua sponte either an immediate cautionary instruction or a final jury instruction on the limited purpose of the evidence, the trial court’s instructional failure is plain error requiring reversal unless harmless. Cobb v. United States, 252 A.2d 516, 517 (D.C.1969); see Dixon v. United States, 287 A.2d 89, 100 (D.C.) (dicta), cert. denied, 407 U.S. 926, 92 S.Ct. 2474, 32 L.Ed.2d 813 (1972).

More specifically, in Cobb, the defendant, who testified, was impeached with his prior conviction for violating the Marijuana Tax Act. Defense counsel failed to ask for a limiting instruction, and the trial court did not give one. We found plain error but held it harmless. Cobb, 252 A.2d at 517. Three years later in Dixon, a criminal defendant testified and was impeached with a petit larceny conviction. Trial counsel did not request an immediate cautionary instruction but the trial court, in its general charge to the jury, did instruct that the defendant’s conviction could only be used to test defendant’s credibility. Dixon, 287 A.2d at 91. The jury convicted. On appeal, Dixon claimed plain error in the trial court’s failure to give sua sponte an immediate cautionary instruction. This court affirmed, declining to extend by analogy the rule of Lofty v. United States, 277 A.2d 99

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Coleman v. United States
779 A.2d 297 (District of Columbia Court of Appeals, 2001)
Gilliam v. United States
707 A.2d 784 (District of Columbia Court of Appeals, 1998)
Rogers v. United States
566 A.2d 69 (District of Columbia Court of Appeals, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
555 A.2d 1015, 1989 D.C. App. LEXIS 43, 1989 WL 24703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maura-v-united-states-dc-1989.