State v. Chase

490 A.2d 208, 1985 Me. LEXIS 674
CourtSupreme Judicial Court of Maine
DecidedApril 1, 1985
StatusPublished
Cited by7 cases

This text of 490 A.2d 208 (State v. Chase) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chase, 490 A.2d 208, 1985 Me. LEXIS 674 (Me. 1985).

Opinion

NICHOLS, Justice.

On this appeal we confront a novel issue implicating M.R.Evid. 609, not as to admissibility of evidence of a witness’ prior conviction, but as to the comments the presiding justice made on that evidence in the course of a jury trial in Superior Court (Cumberland County).

The Defendant, Gary Chase, appealing from his conviction in that trial of unlawful possession of a Schedule X drug, a Class D [209]*209offense under 17-A M.R.S.A. § 1107 (1983), argues that the Superior Court committed several errors during the voir dire of the jury and at the trial which followed. He contends that the impermissible comments on the evidence of his prior conviction prejudiced this jury’s impartiality.

On this last issue we agree. We must therefore vacate the judgment of conviction.

In the early morning of October 13, 1979, two officers of the Portland Police Department received a call to investigate a theft from an apartment belonging to a former girlfriend of the Defendant. Upon arriving there, the officers were greeted by both the Defendant and the girlfriend. They requested and received permission to search the apartment. During the search certain items believed to be controlled substances were seized; these included a plastic bag containing small squares of blotter paper of lysergic acid diethylamide (“LSD”) found in a jacket belonging to the Defendant. The Defendant was arrested and a chemical analysis later confirmed that the squares were indeed LSD.

The next month the Defendant was charged by a grand jury in a three-count indictment. Following the dismissal of two of the three counts, at the time of the jury trial almost five years later the only charge remaining was unlawful possession of LSD. When the jury convicted the Defendant of that charge, he entered the appeal which is now before us.

Under M.R.Evid. 609 certain prior convictions may be admissible for impeachment purposes.1 During cross-examination of the Defendant the prosecutor elicited from him the fact that in 1977 he had been convicted of burglary.

At the close of all the evidence the presiding justice instructed the jury in part as follows:

Now, you have heard evidence that Mr. Chase was convicted in 1977 of a burglary conviction, and I must charge you that it is to be considered solely on the question of Mr. Chase’s believability — credibility.
You cannot consider the fact that he committed and was convicted of committing a serious crime of burglary, that he is likely to have committed a crime of unlawful possession of a controlled substance.
This is admitted solely on the question of credibility.
The law says that when somebody commits a felony, and a burglary is a serious crime against the public, that that can be, if a jury so concludes, it can be weighed with all of the other factors in the decision as to the degree of believability that you want to ascribe to what this person, having been convicted of a prior felony, is entitled to.
Similarly, when the crime itself, the prior conviction itself involves a crime of dishonesty, as burglary, which involves entry for the purposes of a theft, as it does, that also has a bearing upon the credibility of one’s honesty in testifying. But that is the only purpose for which you may consider that prior conviction.

Consistent with his argument in Superior Court, the Defendant argues on appeal that the court’s characterizations of his prior burglary conviction as “a serious crime,” “a felony,” “a serious crime against the public,” “a prior felony,” and “a crime of dishonesty ... which involves entry for the purpose of a theft” prejudiced the jury against him.

[210]*210In the past we have had occasion to define both the role of the presiding justice in ruling on the admissibility of a defendant’s prior conviction and the permissible scope of questioning by the prosecutor relative to that conviction. In one of the first cases to reach us after our Rules were promulgated we emphasized that M.R.Evid. 609(a)(1) requires the presiding justice to balance the probative value of a prior conviction against the prejudicial effect to the defendant in determining whether the former outweighs the latter. State v. Roy, 385 A.2d 795, 797 (Me.1978).2 This threat of prejudice embraces the potential misuse of the evidence in the jury’s inferring that the defendant had a predisposition to commit the offense presently charged. Although this threat may be more obvious in situations where the prior conviction is for a crime identical or very similar to the offense presently charged, its shadow over the trial may also be evident whenever the details of the prior conviction are exposed to the jury.

In the absence of a record of this “balancing” by the presiding justice3 we conclude there was no abuse of discretion in his decision to admit evidence of this Defendant’s prior conviction. Indeed, in resolving that preliminary question which is a M.R.Evid. 104 determination, it was entirely proper for the justice to weigh the gravity of the earlier offense. Once the fact of conviction was admitted into evidence, however, it was improper for the justice to twice tell the jury what a “serious crime” the Defendant had been convicted of in 1977 and to characterize it for them as a “crime against the public.” This jury, after all, is charged with determining the Defendant’s guilt or innocence of unlawful possession in 1979. Such comments to this jury on the evidence of the Defendant’s 1977 conviction were more than irrelevant; in this trial the comments were unfairly prejudicial and therefore impermissible.

In a leading case relative to use of a prior conviction to impeach a witness’ testimony, almost a century ago the Massachusetts court, speaking through Holmes, J., declared;

[T]he conviction must be left unexplained .... Apart from any technical objection, it is impracticable to introduce what may be a long investigation of a wholly collateral matter into a case to which it is foreign, and it is not to be expected or allowed that the party producing the record should also put in testimony to meet the explanation ready in the mouth of the convicted person. Yet, if one side goes into the matter, the other must be allowed to also.

Lamoureux v. New York, N.H. & H.R. Co., 169 Mass. 338, 340, 47 N.E. 1009 (1897).

It was for such an irrelevance that the U.S. Court of Appeals for the Fifth Circuit found plain and reversible error in a case where, after evidence of prior convictions had been elicited, the prosecutor cross-examined the defendant as to the details of those crimes. United States v. Tumblin, 551 F.2d 1001, 1004-05 (5th Cir.1977). In an earlier case the same court had declared that a testifying defendant was required “to give answers only as to whether he had been previously convicted of a felony, as to what the felony was, and as to when the conviction was had.” Tucker v. United States, 409 F.2d 1291 (5th Cir.1969), on appeal after remand sub nom. United States v. Woodall, 438 F.2d 1317 (5th Cir. 1970), cert. denied

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490 A.2d 208, 1985 Me. LEXIS 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chase-me-1985.