United States v. Eddie Turquitt, A/K/A Isom Edward Turquitt, A/K/A Edward Isom Turquitt

557 F.2d 464, 1 Fed. R. Serv. 1046, 1977 U.S. App. LEXIS 12028
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 12, 1977
Docket76-1959
StatusPublished
Cited by90 cases

This text of 557 F.2d 464 (United States v. Eddie Turquitt, A/K/A Isom Edward Turquitt, A/K/A Edward Isom Turquitt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Eddie Turquitt, A/K/A Isom Edward Turquitt, A/K/A Edward Isom Turquitt, 557 F.2d 464, 1 Fed. R. Serv. 1046, 1977 U.S. App. LEXIS 12028 (5th Cir. 1977).

Opinions

SIMPSON, Circuit Judge:

Eddie Turquitt was convicted by a jury on all four counts of an indictment charging him with unlawful possession of stolen mail matter, knowing the same to have been stolen, in violation of Title 18, U.S.C., Section 1708. He was adjudged guilty and given a general sentence of three years imprisonment and fined $1000, to stand committed until payment of the fine. This appeal rests upon two contentions. Appellant initially argues that the court improperly received evidence, over objection, of a past criminal act for which he had been neither charged nor convicted. He also claims that “plain error”, Rule 52(b) F.R. Crim.P., resulted when the trial judge failed to give the jury a cautionary instruction as to remarks made by governmental counsel in his closing argument. We reverse on the first ground.

The government established, partly by testimony and partly by stipulation, that during a thirty day period four checks were stolen from the United States Mails in Birmingham, Alabama. There was testimony that the checks were cashed at Birmingham banks, and that the endorsements on them were forged.1 The government produced an expert handwriting/fingerprint analyst, James DeYoung, who testified that he could positively state that the endorsements on two2 of the four checks were written by the appellant. Although noting “some suspicious agreement” between the endorsements on the other checks and the appellant’s handwriting samples, DeYoung stated that some features were present that he could not account for, and that he was unable positively to identify as appellant’s the endorsement on those checks. DeYoung testified further that he found appellant’s fingerprints on three of the four checks in question, and on some deposit slips and additional checks received in evidence.

Appellant Turquitt testified in his own defense. He denied any guilty knowledge regarding the checks but stated that he possibly had touched some of the checks and deposit slips. He denied signing any of the checks or opening a checking account in the name of L. S. Boggan.3 Turquitt explained that while he was at the home of Raul Vella, a former employee of Turquitt Masonry Company, Inc., Mr. Vella told him to look at some papers on a table. Appellant [467]*467testified that he looked through these papers, a checkbook and some checks, and then put them back on the table. Raul Vella was later arrested on December 2, 1975, when he tried to cash the check payable to Schumate covered by Count IV of the indictment.4 It was Turquitt’s further direct testimony that a few days before Raul Vella was arrested, Mr. Vella handed him a check and asked him to cash it, which request he refused. He stated that he touched the check when Mr. Vella handed it to him, but denied signing the name of John L. Schumate on the back of the check.

On cross-examination, appellant was asked by government counsel where he lived from September 1975 through December 1975. Turquitt gave his address as the Arboretum Apartments in Hoover (Alabama), Apartment 1818C. Counsel then asked if he had ever lived at 917C Valley Avenue, and Turquitt denied ever living at that address. The next question was whether he had ever gone under the name of Eddie Von Blitzen. Turquitt denied this also. At this point, defense counsel objected to the line of inquiry, and when the prosecutor said he was “laying a predicate for the—” the trial judge overruled the objection. Appellant was then asked if he had ever signed a lease under the name of Eddie Von Blitzen. Turquitt denied ever doing so, and his attorney again objected. The objection was overruled.5 The lease and a rental application form, both bearing the signature of Edward Von Blitzen, were admitted into evidence over defense counsel’s continuing objection. Further cross-examination revealed that Gene Carter, appellant’s longtime friend and employee, lived in the apartment named in the lease signed “Edward Von Blitzen”.

On rebuttal, the government called as a witness, Shirley Ray, an employee of Tillman Realty. She stated that she had rented an apartment to Gene Carter and Edward Von Blitzen. When asked if Edward Von Blitzen was in the courtroom, she pointed to the appellant. She also testified that he had signed the lease. Defense counsel consistently objected to these questions.6 No limiting instructions were given [468]*468by the trial court with respect to the “lease evidence”.

Appellant’s first ground of appeal is that the trial court erroneously admitted evidence of an unrelated criminal act, the “lease evidence”, indicating either forgery or signing of a lease under an assumed name, for which he had never been charged or convicted, solely for impeachment purposes. He claims that the “lease evidence” severely prejudiced his defense, and that he was deprived of a fair trial by its admission before the jury. The point is well taken and requires reversal of the judgment of conviction.

“[EJvidence which shows or tends to show commission of crimes not charged is inadmissible in a trial for a particular crime”, (citation omitted) United States v. Broadway, 477 F.2d 991, 994 (5th Cir. 1973). See also Weiss v. United States, 122 F.2d 675 (5th Cir. 1941), cert. denied, 314 U.S. 687, 62 S.Ct. 300, 86 L.Ed. 550 (1942). This rule is necessary to prevent conviction based on a jury belief that the accused is a person of bad character. The jury’s determination of guilt or innocence should be based on evidence relevant to the crime charged. This rule is of course subject to several exceptions. Evidence of the commission of other crimes, closely related both in time and nature to the crime charged, may be admissible if offered to prove an essential element of the charged offense, such as motive, intent, identity, guilty knowledge, or a common scheme, plan or design. See United States v. Crockett, 514 F.2d 64 (5th Cir. 1975); United States v. Broadway, supra; 2 C. Wright, Federal Practice & Procedure § 410 (1969).

In many cases, evidence of other crimes closely related in time and nature to the crime charged fit at least one of the exceptions to the rule. But evidence that the accused committed a prior criminal offense is inherently dangerous because of the likelihood that prejudice to the defendant may result from confusing the issues by leading the jury to infer that since the defendant has committed a similar crime, he must also have committed the crime for which he is on trial. See United States v. Goodwin, 492 F.2d 1141 (5th Cir. 1974). Cautionary instructions by the court may not curb the harmful effects. Because of the high risk of prejudice courts restrict the use of such evidence. Judicial inquiry does not end with a determination that the evidence of another crime is relevant and probative of a necessary element of the charged offense. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. Rather, a balancing test must be applied.

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

Related

Walden v. State
241 So. 3d 8 (Court of Criminal Appeals of Alabama, 2016)
Yates v. State
227 So. 3d 1240 (Court of Criminal Appeals of Alabama, 2016)
Lucas v. State
204 So. 3d 929 (Court of Criminal Appeals of Alabama, 2016)
Horton v. State
217 So. 3d 27 (Court of Criminal Appeals of Alabama, 2016)
Bohannon v. State
222 So. 3d 457 (Court of Criminal Appeals of Alabama, 2015)
Chapman v. State
196 So. 3d 322 (Court of Criminal Appeals of Alabama, 2015)
Frye v. State
185 So. 3d 1156 (Court of Criminal Appeals of Alabama, 2015)
Marks v. State
170 So. 3d 712 (Court of Criminal Appeals of Alabama, 2014)
Ex parte State of Alabama.
168 So. 3d 133 (Supreme Court of Alabama, 2014)
White v. State
179 So. 3d 170 (Court of Criminal Appeals of Alabama, 2013)
Riley v. State
166 So. 3d 705 (Court of Criminal Appeals of Alabama, 2013)
Petric v. State
157 So. 3d 176 (Court of Criminal Appeals of Alabama, 2013)
Scott v. State
163 So. 3d 389 (Court of Criminal Appeals of Alabama, 2012)
Windsor v. State
110 So. 3d 876 (Court of Criminal Appeals of Alabama, 2012)
Hudson v. State
85 So. 3d 468 (Court of Criminal Appeals of Alabama, 2011)
Stanley v. State
143 So. 3d 230 (Court of Criminal Appeals of Alabama, 2011)
Lonnie Bailey v. State of Alabama.
75 So. 3d 171 (Court of Criminal Appeals of Alabama, 2011)
McMillan v. State
139 So. 3d 184 (Court of Criminal Appeals of Alabama, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
557 F.2d 464, 1 Fed. R. Serv. 1046, 1977 U.S. App. LEXIS 12028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eddie-turquitt-aka-isom-edward-turquitt-aka-edward-ca5-1977.