CHARACTER OF ACCUSED
[FED. R. EVID. RULE 404(a)(1)]
Evidence of a particular trait of the accused’s:
OFFERED BY ACCUSED
See US v. Lechoco, 542 F.2d 84 (D.C. Cir. 1976) (holding error to exclude testimony as to accused’s character for truth and veracity even though he didn’t take stand and such trait not at issue, where testifying psychiatrist’s opinion was based upon defendant’s responses to his questions);
US v. Jackson, 588 F.2d 1046, cert. denied, 442 US 941 (1979) (truthfulness must be at issues);
US v. Staggs, 553 F.2d 1073 (7th Cir. 1977), overruled on other grounds by U.S. v. Ricketts, 146 F.3d 492 (7th Cir. 1998) (psychologist’s testimony in assault on federal officer’s trial, that defendant had no propensity toward violence);
US v. Davis, 546 F.2d 583 (5th Cir.), cert. denied, 431 US 906 (1977) (defendant charged with escape not entitled to show sound record at penitentiary).
OFFERED BY PROSECUTION TO REBUT SAME
See US v. Wiley, 534 F.2d 659 (6th Cir. 1976) cert. denied, 425 US 995 (prosecution cannot put in evidence of bad character unless defendant first puts on good character evidence – and even then, evidence of specific instances is inadmissible); US v. Corey, 566 F.2d 429 (2d Cir. 1977);
US v. Giese, 597 F.2d 1170 (9th Cir. 1979) (admitting portions of revolutionary treaties named and read by defendant);
US v. Gilliland, 586 F.2d 1384 (10th Cir. 1978) (prosecution cannot put on bad character testimony through defense fact witnesses who do not testify as to character).
