United States v. Kenneth Alvin Hendershot

Appellant seeks reversal of his conviction for armed bank robbery in violation of 18 U.S.C. § 2113 (a). He contends that (1) certain evidence should be suppressed because of inadequacies in the affidavit supporting the search warrant, (2) a shoeprint from the scene of the crime should have been excluded, (3) certain remarks of the prosecutor constituted improper comment on appellant’s failure to take the stand, and (4) his prior conviction should have been determined to be inadmissible under Federal Rule of Evidence 609(a)(1). We agree only with the last contention and reverse on that ground. Because a new trial is likely, it is appropriate that we explicitly rule on the appellant’s remaining contentions. We conclude that none is meritorious.

I.

FACTUAL BACKGROUND

The robbery occurred at the United California Bank, Tower Branch, in Fresno, California on March 9, 1979, by two masked robbers who escaped in a stationwagon owned and driven by Melba New with whom the appellant lived prior to the robbery. Shortly before the robbery, the appellant was seen with New in Chowchilla, California, driving a primer-colored Cámaro. Several hours after the robbery New was arrested in her…