Donald Dean Thurman v. United States

1. It was error to suggest by leading questions on cross-examination of appellant that he had participated in specific acts of criminal conduct, not resulting in convictions, other than those with which he was charged. The questions could not be justified as impeachment;' “only a conviction . . . may be inquired about to undermine the trustworthiness of a witness.” Michelson v. United States, 335 U.S. 469, 482 , 69 S.Ct. 213 , 93 L.Ed. 168 (1948) (emphasis added); United States v. Provoo, 215 F.2d 531, 536 (2d Cir. 1954). Nor were the acts relevant to prove a common scheme or plan, as the government now contends, for there was not the slightest evidence that appellant was in fact connected in any way with these incidents, nor they with the crime charged.

The government suggests that the error was “technical” and, in the light of the whole record, harmless. But the prejudicial effect of such material is notorious. 1 Wigmore, Evidence § 194 (3d ed. 1940); McCormick, Evidence 327 (1954). Indeed, the danger is so strong that the jury will infer from unrelated criminal conduct that the defendant probably ’ committed the offense charged, or will condemn the defendant either for the…