United States v. Lee, 6:24-cr-00214

Defendant David Allen Lee is charged with Murder in Indian Country, alleged under 18 U.S.C. §§ 1111(a), 1151, and 1153.
The Government filed a motion to admit evidence of Lee’s eight prior felony convictions for impeachment if he testifies.
The convictions include offenses such as eluding, assault with a dangerous weapon, DUI, assault and battery on police officers, and possession of a stolen vehicle, all within the past ten years.
Lee objected, arguing especially that some convictions, such as possession of a stolen vehicle, do not involve dishonesty or false statements relevant to truthfulness.
The court applied the balancing test under Federal Rule of Evidence 609, considering probative value versus prejudicial effect, since all convictions were within ten years.
The judge ruled on admissibility of these convictions, particularly considering if they would unfairly prejudice the jury versus aid in impeachment if Lee testifies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior felony convictions for impeachment	All listed felonies, especially stolen vehicle, are probative for truthfulness and recent	Some crimes, like possession of a stolen vehicle, do not show dishonesty; prejudicial effect outweighs probative value	All convictions are admissible because their probative value outweighs any prejudicial effect
Whether possession of a stolen vehicle is a crime of dishonesty	Statute involves dishonesty because it requires knowing possession of stolen goods	Statute does not specifically require dishonesty or false statement	Court found the act inherently dishonest; conviction is admissible
Similarity of prior convictions to charged murder offense	Prior offenses are not similar to murder charge	Similar crimes risk unfair prejudice	None of the prior crimes are similar to murder; risk is minimized
Impact of prior convictions on defendant’s right to testify	Impeachment is critical if Lee contradicts prior statements to police	Admission could chill Lee’s willingness to testify	Impeachment value outweighs prejudice; admissible if Lee testifies

United States v. Smalls, 752 F.3d 1227 (10th Cir. 2014) (sets out special balancing test for admitting prior convictions under Rule 609 when defendant is a witness)
United States v. Commanche, 577 F.3d 1261 (10th Cir. 2009) (defines permissible scope for cross-examination under Rule 609 on nature and facts of conviction)
United States v. Burston, 159 F.3d 1328 (11th Cir. 1998) (explains risk of prejudice if nature and facts of prior convictions are withheld from jury)