State v. Martin

217 N.W.2d 536, 1974 Iowa Sup. LEXIS 1336
CourtSupreme Court of Iowa
DecidedApril 24, 1974
Docket55207
StatusPublished
Cited by69 cases

This text of 217 N.W.2d 536 (State v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Martin, 217 N.W.2d 536, 1974 Iowa Sup. LEXIS 1336 (iowa 1974).

Opinions

RAWLINGS, Justice.

Defendant, Charles Reno Martin, a/k/a William Gottfried, appeals from judgment on jury verdict finding him guilty of robbery with aggravation in violation of The Code 1971, Sections 711.1, 711.2. We reverse.

April 30, 1971, a gun point robbery was perpetrated at the Safeway Super Market store, East 14th and University in Des Moines. About an hour later the police arrested Martin. He then had in his possession a sack of money identified as having come from said store, and a pistol. By information defendant was accused of the above stated offense.

Prior to trial defense counsel moved for an order in limine by which the State would be prohibited from making any in-presence-of-jury inquiry of Martin regarding his prior felony convictions, except those related to truth and veracity. This motion was overruled.

Like objections were interposed as to such evidence at appropriate stages during the trial and again overruled. Ultimately on cross-examination, Martin admitted he had been previously convicted of several prior felonies.

Defendant’s attorney also endeavored to prove Martin was under the influence of narcotics at time of the aforesaid robbery. In support thereof several attempts were made to introduce opinion evidence, via hypothetical questions asked of a claimed expert, as to the effect drugs had upon people. Objections thereto because of inadequate foundation and absence of qualifications on the part of the witness were sustained.

In support of a reversal defendant here asserts, trial court erred in (1) allowing prosecution cross-examination of defendant regarding prior felony convictions unrelated to truth and veracity, and (2) refusing to permit introduction of testimony by a defense called expert witness.

I. The first question posed relates to prior felony convictions impeachment of a defendant-witness.

The effect of prior felony convictions upon, testimonial rights has long been a matter of concern to both courts and legal scholars.

At common law a person was deemed incompetent to testify if he or she had previously been convicted of what was termed an “infamous crime”. See 2 Wigmore on Evidence, §§ 519-520 (3d ed.); McCormick on Evidence, § 43 at 89 (1954). See generally 12 Drake L.Rev. 141 (1963).

The above rule was later abolished by statutory enactments in every state. See Code §§ 622.1, 622.3.

In so doing, however, the legislative bod-, ies in most jurisdictions enacted statutes [539]*539comparable to our Code § 622.17 which says: A witness may be interrogated as to his previous conviction for a felony. No other proof is competent, except the record thereof.”

This Act constitutes a statutorily imposed exception to the basic rule that evidence showing the commission of crimes other than the one with which an accused stands charged is not ordinarily admissible. See State v. Wright, 191 N.W.2d 638, 639-640 (Iowa 1971).

Furthermore, evidence made competent by the above quoted statute is for the sole purpose of impugning the credibility of a witness. See Brown v. United States, 125 U.S.App.D.C. 220, 370 F.2d 242, 244 (1966); State v. Milford, 186 N.W.2d 590, 593 (Iowa 1971); State v. Anderson, 159 N.W.2d 809, 812 (Iowa 1968); Gaskill v. Gahman, 255 Iowa 891, 896, 124 N.W.2d 533 (1968); State v. Underwood, 248 Iowa 443, 445-446, 80 N.W.2d 730 (1957); 41 Iowa L.Rev. 325 (1956).

On the other hand this court has not heretofore held the testimonial impeachment allowable under § 622.17 is restricted to felony convictions involving dishonesty, truth or veracity, nor limited as to time thereof.

Absence of any change in that regard is probably due to the fact that related error has not, in most instances, heretofore been preserved for appellate review. See e. g., State v. Shipp, 184 N.W.2d 679, 680 (Iowa 1971); State v. Schatterman, 171 N.W.2d 890, 896 (Iowa 1969); State v. Anderson, 159 N.W.2d at 812-813.

We are satisfied, however, the instantly assigned error was adequately preserved for consideration by this court. See generally 22 Drake L.Rev. 435, 445, 457-469 (1973). See also Griggs v. State, 494 P.2d 795, 797 (Alaska 1972); cf. State v. Byrnes, 260 Iowa 765, 767, 150 N.W.2d 280 (1967).

II. It must be conceded the existent unrestricted prior felony conviction impeachment view, to which reference is above made, has been subjected to more than minimal criticism.

We inceptionally note this censorious observation in McCormick on Evidence, § 43 at 93-94:

“The sharpest and most prejudicial impart of the practice of impeachment by conviction * * * is upon one particular type of witness, namely, the accused in a criminal case who elects to take the stand. If the accused is forced to admit that he has a ‘record’ of past convictions, particularly if they are for crimes similar to the one on trial, the danger is obvious that the jury, despite instructions, will give more heed to the past convictions as evidence that the accused is the kind of man who would commit the crime on charge, or even that he ought to be put away without too much concern with present guilt, than they will to its legitimate bearing on credibility. This places the accused, who has a ‘record’ but who thinks he has a defense to the present charge, in a grievous dilemma. If he stays off the stand his silence alone will prompt the jury to believe him guilty. If he elects to testify, his ‘record’ becomes provable to impeach him, and this again is likely to doom his defense. Where does the balance of justice lie? Most prosecutors would say with much force that it would be unfair to permit the accused to appear as a witness of blameless life, and this argument has generally prevailed. But in England and in Pennsylvania the accused who takes the stand is shielded, under certain circumstances, from inquiry or proof as to misconduct or conviction of crime when offered to impeach. Similarly the Uniform Rule provides that if the accused does not offer evidence supporting his own credibility the prosecution shall not be allowed, on cross-examination or otherwise, to prove for impeachment [540]*540purposes his commission or conviction of crime. On balance it seems that to permit, as these provisions do, one accused of crime to tell his story without incurring the overwhelming prejudice likely to ensue from disclosing past convictions, is a more just, humane and expedient solution than the prevailing practice.”

See generally Drew v. United States, 118 U.S.App.D.C. 11, 331 F.2d 85, 91 (1964); State v. Underwood, 248 Iowa at 447-448, 80 N.W.2d at 733, State v. Santiago, 53 Haw. 254, 492 P.2d 657, 659-662 (1971); People v. Farrar, 36 Mich.App. 294, 193 N.W.2d 363, 368-369 n. 20 (1971); cf. Krulewitch v. United States, 336 U.S. 440, 453, 69 S.Ct. 716, 723, 93 L.Ed. 790 (1949) (concurring opinion); Michelson v. United States, 335 U.S. 469, 479-481, 69 S.Ct.

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217 N.W.2d 536, 1974 Iowa Sup. LEXIS 1336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-iowa-1974.