United States v. Howard Thomas Lollar, 606 F.2d 587 (5th Cir. 1979). · Go Syfert
United States v. Howard Thomas Lollar, 606 F.2d 587 (5th Cir. 1979). Cases Citing This Book View Copy Cite
36 citation events (16 in the last 25 years) across 15 distinct courts.
Strongest positive: Matthew Hayko v. State of Indiana (ind, 2023-06-22)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
cited Cited as authority (rule) Matthew Hayko v. State of Indiana
Ind. · 2023 · confidence medium
See, e.g., United States v. McMurray, 20 F.3d 831, 834 (8th Cir. 1994); United States v. Watson, 669 F.2d 1374, 1382 (11th Cir. 1982); United States v. Lollar, 606 F.2d 587, 589 (5th Cir. 1979).
discussed Cited as authority (rule) Jeffrey Scott Haas v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
Evid. 608 (like the Virginia rule, permitting impeachment with reputation evidence and prohibiting extrinsic evidence of “specific instances” of witness conduct but, unlike Virginia, also permitting impeachment with opinion evidence); United States v. Lollar, 606 F.2d 587, 588-89 (5th Cir. 1979) (recognizing that opinion under the federal rule is the belief of a single witness).
cited Cited as authority (rule) Hunter v. State
Alaska Ct. App. · 2013 · confidence medium
See United States v. Watson, 669 F.2d 1374 , 1382 (11th Cir.1982); United States v. Lollar, 606 F.2d 587, 589 (5th Cir.1979). .
discussed Cited as authority (rule) United States v. Delgado (2×) also: Cited "see"
5th Cir. · 2011 · confidence medium
Moreover, in Anchondo-Sandoval we declined to reverse based on the prosecutor's improper comments alone, whereas in this case we consider the prosecutorial misconduct together with other prejudicial factors under the cumulative error doctrine. [17] Accord United States v. Lollar, 606 F.2d 587, 588 (5th Cir.1979) ("Although a criminal defendant cannot be compelled to take the stand in his own defense, once he chooses to testify `he places his credibility in issue as does any other witness.'" (emphasis added) (quoting United States v. Jackson, 588 F.2d 1046, 1055 (5th Cir.1979))). [18] The disse…
cited Cited as authority (rule) Childers v. Floyd
11th Cir. · 2010 · confidence medium
Under Federal Rule of Evidence 608(a) they could do that, see United States v. Lollar, 606 F.2d 587, 588-89 (5th Cir.1979), [16] provided a sufficient foundation was established.
cited Cited as authority (rule) Childers v. Floyd
11th Cir. · 2010 · confidence medium
Under Federal Rule of Evidence 608(a) they could do that, see United States v. Lollar, 606 F.2d 587, 588-89 (5th Cir.1979), 16 provided a sufficient foundation was established.
discussed Cited as authority (rule) Stewart v. Commonwealth
Ky. Ct. App. · 2006 · confidence medium
Weinstein, Federal Evidence, Sec 608 App. 01 [2]; United States v. McMurray, 20 F.3d 831, 834 (8th Cir.1994), (“The prosecutor asked Mrs. Carper whether she would believe McMurray’s testimony under oath, based upon her opinion as to his truthfulness.”); United States v. Lollar, 606 F.2d 587, 589 (5th Cir.1979), (“Witnesses may now be asked directly to state their opinion of the principal witness’ character for truthfulness and they may answer for example. ‘I think X is a liar’ ”).
discussed Cited as authority (rule) United States v. Gettings (2×) also: Cited "see"
9th Cir. · 2003 · confidence medium
See United States v. Pacione, 950 F.2d 1348, 1354 (7th Cir.1991); United States v. Lollar, 606 F.2d 587, 588 (5th Cir.1979).
discussed Cited as authority (rule) State v. Maxwell
Or. Ct. App. · 2001 · confidence medium
As several federal and state courts have acknowledged, "`no prerequisite conditioned upon long acquaintance or recent information about the witness [is required for the admission of opinion evidence]; cross-examination can be expected to expose defects of lack of familiarity and to reveal reliance on isolated or irrelevant instances of misconduct or the existence of feelings of personal hostility toward the principal witness.'" United States v. Watson, 669 F.2d 1374 , 1382 (11th Cir.1982) (quoting United States v. Lollar, 606 F.2d 587, 589 (5th Cir.1979) (citations omitted)).
discussed Cited as authority (rule) United States v. Marshall
11th Cir. · 1999 · confidence medium
If the prosecutor was seeking to elicit evidence regarding Hicks’ veracity, the question should have been phrased very differently – for example, “What is your opinion as to Hicks’ character for truthfulness?” Cf. United States v. Lollar, 606 F.2d 587, 589 (5th Cir. 1979).
discussed Cited as authority (rule) United States v. Marshall
11th Cir. · 1999 · confidence medium
If the prosecutor was seeking to elicit evidence regarding Hicks’ veracity, the question should have been phrased very differently — for example, “What is your opinion as to Hicks’ *1316 character for truthfulness?” Cf. United States v. Lollar, 606 F.2d 587, 589 (5th Cir.1979).
cited Cited as authority (rule) United States v. James Alan \Jamie\" Vigliatura"
11th Cir. · 1989 · confidence medium
Once a criminal defendant chooses to testify, “he places his credibility in issue as does any witness.” United States v. Lollar, 606 F.2d 587, 588 (5th Cir.1979).
cited Cited as authority (rule) United States v. Williams
usarmymilrev · 1987 · confidence medium
United States v. Watson, 669 F.2d 1374, 1382 (11th Cir.1982); United States v. Lollar, 606 F.2d 587, 589 (5th Cir.1979); 3 Weinstein’s Evidence § 608[04](1982).
discussed Cited as authority (rule) United States v. James (\Jake\") Rohrer
unknown court · 1983 · confidence medium
Finally, United States v. Lollar, 606 F.2d 587, 588-89 (5th Cir.1979), and United States v. Watson, 669 F.2d 1374, 1381-83 (11th Cir.1982), both held opinion or reputation evidence admissible but did not discuss expert testimony.
discussed Cited as authority (rule) United States v. Harold Haimowitz (2×)
11th Cir. · 1983 · confidence medium
The district court agreed with the prosecution that surrebuttal was within the discretion of the court, and denied the request, further noting that “the Court having announced that the testimony and evidence had been concluded would perhaps attach undue significance to that presentation.” “Although a criminal defendant cannot be compelled to take the stand in his own defense, once he chooses to testify ‘he places his credibility in issue as does any other witness.’ ” United States v. Lollar, 606 F.2d 587, 588 (5th Cir.1979) (citations omitted).
cited Cited "see" United States v. Gable
5th Cir. · 2003 · signal: see · confidence high
See United States v. Lollar, 606 F.2d 587, 588 (5th Cir. 1979).
discussed Cited "see" United States v. John L. McMurray
8th Cir. · 1994 · signal: see · confidence high
See United States v. Bollar, 606 F.2d 587, 589 (5th Cir.1979). 2 Of course, before a witness may express such an opinion, there must be an adequate showing “that the opinions were more than bare assertions.” United States v. Dotson, 799 F.2d 189, 193 (5th Cir.1986); see United States v. Nace, 561 F.2d 763, 771 (9th Cir.1977).
discussed Cited "see" United States v. Mabel Greer
5th Cir. · 1981 · signal: see · confidence high
See United States v. Lollar, 606 F.2d 587 (5th Cir. 1979) (defendant’s decision to testify does not open door to attacks on general character); Steele v. United States, 243 F.2d 712 (5th Cir. 1957) (rules as to impeachment of defendant same as those for other witnesses).
cited Cited "see, e.g." Devincentz v. State
Md. · 2018 · signal: see also · confidence low
See also United States v. Lollar , 606 F.2d 587 , 589 (5th Cir. 1979).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Howard Thomas LOLLAR, Defendant-Appellant
79-5185.
Court of Appeals for the Fifth Circuit.
Nov 14, 1979.
606 F.2d 587
1979 U.S. App. LEXIS 10492
Miles Huffstutler, Birmingham, Ala. (Court-appointed), for defendant-appellant., James C. Thomason, III, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.
Clark, Gee, Hill.
Cited by 28 opinions  |  Published
JAMES C. HILL, Circuit Judge:

Howard Lollar appeals from his conviction for interstate transportation of stolen property valued in excess of $5,000,18 U.S.C.A. § 2314. The property was alleged to have been stolen by appellant and several of his employees from a warehouse in West Milford, New Jersey. We affirm.

After appellant testified at trial, the government recalled one of its witnesses and asked him whether he would believe appellant under oath. Defense counsel’s objection was overruled, and the witness, a former employer, answered the question in the negative. Appellant now argues that it was error to allow the witness to offer his opinion on appellant’s veracity.

Although a criminal defendant cannot be compelled to take the stand in his own defense, once he chooses to testify “he places his credibility in issue as does any other witness.” United States v. Jackson, 588 F.2d 1046, 1055 (5th Cir. 1979); see Reagan v. United States, 157 U.S. 301, 305, 15 S.Ct. 610, 39 L.Ed. 709 (1895); United States v. Nace, 561 F.2d 763, 771 (9th Cir. 1977); United States v. Augello, 452 F.2d 1135, 1139 (2d Cir. 1971), cert. denied, 406 U.S. 922, 92 S.Ct. 1787, 32 L.Ed.2d 122; 409 U.S. 859, 93 S.Ct. 145, 34 L.Ed.2d 105 (1972); Hodge v. United States, 414 F.2d 1040, 1044 (9th Cir. 1969); United States v. Harris, 331 F.2d 185, 187 (4th Cir. 1964); United States v. Walker, 313 F.2d 236, 238 (6th Cir.), cert. denied, 374 U.S. 807, 83 S.Ct. 1695, 10 L.Ed.2d 1031 (1963). While the defendant’s decision to testify does not open the door to attacks on his general character, it does free the government to offer evidence bearing on the defendant’s believability as a witness. Historically, the most widely used method of impeaching a defendant’s credibility was to call witnesses to testify that the defendant’s reputation for truth and veracity was bad. The propriety of asking a more direct question, such as “would you believe this person under oath,” caused a great deal of conflict among the courts and the commentators. Early cases in this Circuit adopted the position that such testimony could be used to impeach a witness’ credibility. See Miller v. United States, 288 F. 816, 818 (5th Cir. 1923); Held v. United States, 260 F. 932, 933 (5th Cir. 1919). While this was the minority view among the courts, many commentators agreed that “the exclusion of opinion evidence was ‘historically unsound.’ ’’ 3 Weinstein’s Evidence 1 608[04], at 608-20 (1978); see McCormick, Evidence[*589] § 44, at 95 (1954); 7 Wigmore, Evidence §§ 1981-1986 (3d ed. 1940); Ladd, Techniques of Character Testimony, 24 Iowa L. Rev. 498, 509-13 (1939). This conflict was resolved in 1976 with the enactment of Rule 608(a) of the Federal Rules of Evidence. Recognizing that “witnesses who testify to reputation seem in fact often to be giving their opinions, disguised somewhat misleadingly as reputation,” Advisory Committee’s Notes, Fed.R.Evid. 608(a), Rule 608(a) provides that the credibility of a witness may be attacked “by evidence in the form of opinion or reputation”, Fed.R.Evid. 608(a) (emphasis added). While it may be more desirable to have counsel first ask the impeaching witness about his knowledge of the defendant’s reputation for truth and veracity, and whether based on that knowledge he would believe the defendant under oath, Rule 608(a) imposes no such requirement:

Witnesses may now be asked directly to state their opinion of the principal witness’ character for truthfulness and they may answer for example, “I think X is a liar.” The rule imposes no prerequisite conditioned upon long acquaintance or recent information about the witness; cross-examination can be expected to expose defects of lack of familiarity and to reveal reliance on isolated or irrelevant instances of misconduct or the existence of feelings of personal hostility towards the principal witness.

Weinstein’s Evidence ¶ 608[04], at 608-20 (1978).

Accordingly, we hold that the district court was acting well within its discretion in overruling defense counsel’s objection.

The second error alleged by appellant involves testimony given by Raymond Ackerman, a police officer with the West Milford, New Jersey, Police Department. The officer testified that the night before the theft he pulled into a rest area on Route 23 and noticed a parked van with out-of-state license plates. Looking in the rear window, Ackerman observed five people asleep in the van. The occupants were awakened, and the driver of the van, Howard Lollar, showed the officer his license. Satisfied that everything was in order, Ackerman left the scene a few minutes later without making any arrests.

As we understand his argument, appellant contends that officer Ackerman’s actions violated the Fourth Amendment because he had neither probable cause to believe nor a reasonable suspicion that the van or its occupants were involved in criminal activity. Thus, we are urged to hold that Ackerman’s testimony should have been suppressed under the Supreme Court’s recent decision in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979).

While the briefs have raised the question whether Prouse should be given retroactive effect, we find no need to decide that issue at this time. The only effect of Ackerman’s testimony was to place appellant, his van, and his companions at a rest area in New Jersey, several hours before the theft. Appellant and two of the occupants of the van all testified to having slept at the rest area on the night in question. Having failed to allege that the officer’s actions resulted in his arrest or the discovery of incriminating evidence, and having himself corroborated Ackerman’s testimony, we fail to see how appellant was prejudiced by its admission. We conclude, therefore, that if any error was committed in admitting the testimony it was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 87 S.Ct. 1283, 18 L.Ed.2d 241 (1967).

We have carefully considered the remainder of appellant’s arguments and find them without merit.

AFFIRMED.