United States v. Janet Elaine Scisney, 885 F.2d 325 (6th Cir. 1989). · Go Syfert
United States v. Janet Elaine Scisney, 885 F.2d 325 (6th Cir. 1989). Cases Citing This Book View Copy Cite
“cjrimes involving 'dishonesty or false statements' implicate 'moral turpitude,' but 'moral turpitude' does not always involvef 'dishonesty or false statements' as that term was intended by congress.”
20 citation events (12 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Better Building Maintenance of the Virgin Islands, Inc. v. Lee (3×) also: Cited "see"
virginislands · 2014 · quote attribution · 1 verbatim quote · confidence high
cjrimes involving 'dishonesty or false statements' implicate 'moral turpitude,' but 'moral turpitude' does not always involvef 'dishonesty or false statements' as that term was intended by congress.
discussed Cited as authority (rule) United States v. Mario Washington
6th Cir. · 2012 · confidence medium
For example, the theft of “one fifty-seven cent box of baking soda .... [is] not the type of conviction involving dishonesty or false statement anticipated by the rule.” United States v. Scisney, 885 F.2d 325, 326 (6th Cir.1989).
discussed Cited as authority (rule) United States v. Jenkins
D.D.C. · 2010 · confidence medium
Appx. at 436 (“Although ‘overwhelming’ might be too strong a word to describe the Government’s case, it was solid enough overall, and . . . any error involved in the brief reference to the prior . . . conviction was harmless as a matter of law.”) (quoting United States v. Scisney, 885 F.2d 325, 327 (6th Cir. 1989)).
discussed Cited as authority (rule) United States v. Jenkins
D.D.C. · 2010 · confidence medium
Cf. United States v. McCord, 509 F.2d 334, 347 (D.C.Cir.1974); James, 217 Fed.Appx. at 436 (“Although ‘overwhelming’ might be too strong a word to describe the Government’s case, it was solid enough overall, and ... any error involved in the brief reference to the prior ... conviction was harmless as a matter of law.”) (quoting United States v. Scisney, 885 F.2d 325, 327 (6th Cir.1989)).
discussed Cited as authority (rule) Colorado v. Segovia (2×)
Colo. · 2008 · confidence medium
While FRE 608(b) allows impeachment by acts that are probative of truthfulness, FRE 609(a)(2) permits impeachment by non-felony convictions that involve dishonesty. [4] Rhodes v. State, 276 Ark. 203 , 634 S.W.2d 107, 110-11 (1982) (shoplifting is not probative of truthfulness); State v. Gollehon, 262 Mont. 1 , 864 P.2d 249 , 258 (1993) (theft); State v. Bashaw, 147 N.H. 238 , 785 A.2d 897, 900 (2001) (petty theft); State v. Bell, 338 N.C. 363 , 450 S.E.2d 710, 720-21 (1994) (larceny); State v. Woodfork, 454 N.W.2d 332, 335 (S.D.1990) (shoplifting); Punches v. State, 944 P.2d 1131, 1138 (Wyo. 1…
discussed Cited as authority (rule) James v. United States
6th Cir. · 2007 · confidence medium
As this court held in United States v. Scisney, 885 F.2d 325, 327 (6th Cir.1989), “Although ‘overwhelming’ might be too strong a word to describe the Government’s case, it was solid enough overall, and convinces us that any error involved in the brief reference to the prior ... conviction was harmless as a matter of law.” Moreover, although the Government improperly elicited evidence of Petitioner’s 1977 conviction, evidence that Petitioner had been convicted of two counts of cocaine trafficking, had violated parole and *437 been returned to prison, and had been convicted of introd…
cited Cited as authority (rule) Adams v. State
Ala. Crim. App. · 2003 · confidence medium
"Evidentiary rulings involving error under Federal Rule of Evidence 609 are subject to harmless error analysis." United States v. Scisney, 885 F.2d 325, 326 (6th Cir.1989).
discussed Cited as authority (rule) People v. Parcha
Mich. Ct. App. · 1998 · confidence medium
Cf. People v. Clark, 172 Mich.App. 407, 419-420 , 432 N.W.2d 726 (1988) (preamendment MRE 609; no error in admission of evidence of the defendant's misdemeanor conviction for receiving and concealing stolen property where it was completely dissimilar to current offense and other defense testimony supported the defendant's self-defense theory); United States v. Logan, supra (error harmless because evidence of prior convictions was used to impeach a defense witness, not the defendant, the prosecutor did not emphasize convictions, and the government had "strong case" against the defendant); Unite…
cited Cited as authority (rule) United States v. James T. McBride
6th Cir. · 1994 · confidence medium
United States v. Scisney, 885 F.2d 325, 326 (6th Cir.1989).
discussed Cited as authority (rule) United States v. Larry Logan, United States of America v. Tammy Felton, United States of America v. Corin Robinson, A/K/A Robin Helen Jenkins, United States of America v. Kelvin Rascoe
D.C. Cir. · 1993 · confidence medium
See United States v. Lewis, 626 F.2d 940, 946 (D.C.Cir.1980) (heroin distribution does not involve dishonesty or false statement); United States v. Fearwell, 595 F.2d 771 (D.C.Cir.1978) (petit larceny is crime of stealth, not deceit); United States v. Scisney, 885 F.2d 325, 326 (6th Cir.1989) (shoplifting is not crime of dishonesty or false statement). 37 Nonetheless, the error was harmless for several reasons.
discussed Cited as authority (rule) United States v. Logan
D.C. Cir. · 1993 · confidence medium
See United States v. Lewis, 626 F.2d 940, 946 (D.C.Cir.1980) (heroin distribution does not involve dishonesty or false statement); United States v. Fearwell, 595 F.2d 771 (D.C.Cir.1978) (petit larceny is crime of stealth, not deceit); United States v. Scisney, 885 F.2d 325, 326 (6th Cir.1989) (shoplifting is not crime of dishonesty or false statement).
discussed Cited as authority (rule) United States v. Barry G. Rattigan
6th Cir. · 1993 · confidence medium
Surprising as it may be, federal courts, including this court, have been unwilling to conclude that offenses such as petty larceny, shoplifting, or robbery are crimes of "dishonesty or false statement." See McHenry, 896 F.2d at 188 ; United States v. Scisney, 885 F.2d 325, 326 (6th Cir.1989); see also McCormick's on Evidence § 43 (Edward W.
cited Cited "see" United States v. Calvin Jones
6th Cir. · 2014 · signal: see · confidence high
See Washington, 702 F.3d at 893 (citing United States v. Scisney, 885 F.2d 325, 326 (6th Cir.1989)).
cited Cited "see" United States v. Phelan
6th Cir. · 2001 · signal: see · confidence high
See United States v. Scisney, 885 F.2d 325, 326-27 (6th Cir.1989).
discussed Cited "see" State v. Shaw
S.C. Ct. App. · 1997 · signal: see · confidence high
See United States v. Scisney, 885 F.2d 325 (6th Cir.1989) (error in admitting a defendant’s prior misdemeanor shoplifting conviction held harmless in light of the admission of evidence regarding more serious offenses committed by the defendant, lack of emphasis on prior convictions, and strength of case against the defendant); cf. State v. Cooper, 312 S.C. 90 , 439 S.E.2d 276 (1994) (an error in excluding evidence of a witness’s prior bad acts held harmless when the witness was thoroughly impeached by admission of numerous previous convictions and acknowledged he gave his testimony in exch…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Janet Elaine SCISNEY, Defendant-Appellant
88-6376.
Court of Appeals for the Sixth Circuit.
Sep 19, 1989.
885 F.2d 325
Joseph M. Whittle, U.S. Atty., Monica Wheatley, Asst. U.S. Atty. (argued), Louisville, Ky., for plaintiff-appellee., Michael 0. Hayes (argued), Owensboro, Ky., for defendant-appellant.
Keith, Guy, Hull.
Cited by 16 opinions  |  Published
RALPH B. GUY, Jr., Circuit Judge.

Defendant, Janet Scisney, was tried and convicted of bank robbery. Scisney testified in her own behalf at trial and denied being the bank robber. Her boyfriend, David Stone, also offered some rather weak alibi testimony. Credibility was thus an issue. The government, after securing a favorable ruling in advance, introduced a prior misdemeanor shoplifting conviction of defendant pursuant to Federal Rule of Evidence 609(a)(2). The sole issue raised on appeal is whether this admission was error requiring a reversal. Upon review, we find the admission of the shoplifting conviction to have been harmless error and affirm the conviction.

I.

Federal Rule of Evidence 609 reads in relevant part as follows:

(a) General rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record during cross-examination but only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which the witness[*326] was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant, or (2) involved dishonesty or false statement, regardless of the punishment.

In 1968, prior to the adoption of the Federal Rules of Evidence, this court decided United States v. Lloyd, 400 F.2d 414 (6th Cir.1968). In Lloyd, which was a narcotics prosecution, the government introduced evidence of a prior shoplifting conviction against the defendant. Finding no error on appeal, we stated:

But, a witness may be impeached by inquiry into prior misdemeanor convictions if these crimes involve moral turpitude. United States v. Bell, 351 F.2d 868 (6th Cir.1965). Shoplifting, whether it be labelled as felony or misdemeanor, involves moral turpitude.

Id. at 417. The government argues on appeal, as they successfully did before the trial judge, that “moral turpitude” should be equated with the “dishonesty or false statements” referenced in Federal Rule of Evidence 609(a)(2). Although we wpuld tend to agree that crimes involving “dishonesty or false statements” implicate “moral turpitude,” we are less convinced that “moral turpitude” always involves “dishonesty or false statements” as that term was intended by Congress. [1] Although this is one of those little rules conundrums that intrigue academia, we find nothing to be served by any extended discussion of this issue under the facts of this case. Scisney’s shoplifting consisted of taking one fifty-seven cent box of baking soda from a grocery store. Without intending to bind future courts on this general issue, we conclude that that was not the type of conviction involving dishonesty or false statement anticipated by the rule, and that the government should not have been allowed to use it.

II.

Evidentiary rulings involving error under Federal Rule of Evidence 609 are subject to harmless error analysis. United States v. Newman, 849 F.2d 156 (5th Cir.1988); United States v. Byrd, 771 F.2d 215 (7th Cir.1985); United States v. Blackburn, 592 F.2d 300 (6th Cir.1979). Insofar as prior convictions involving the defendant are concerned, the court properly allowed the government to show that Scisney was convicted in 1985 of intent to defraud by making false statements. Logically, this would be the conviction, if any, which the jury would weigh more heavily in making a credibility determination. Also, the jury properly learned, because it was relevant to the proofs, that part of the bank robbery proceeds were used to pay off a $500 fine that Scisney owed and in connection with which a bench warrant had issued. [2] The point being — the jury knew Scisney had prior brushes with the law and the shoplifting conviction was the least of those.

Furthermore, the prosecutor, to her credit, treaded very lightly on the whole issue of prior convictions. The only trial reference was right at the end of defendant’s cross-examination when the following exchange occurred:

Q. Are you the same Janet Scisney who was convicted of shoplifting on September 25th, 1987, in Christian District Court?
A. Yes, I am.
Q. And are you the same Janet Scisney that was convicted of intent to defraud by making false statements on May 1, 1985 in Hopkins Circuit Court?
A. Yes, I am.
Q. MS. WHEATLEY: That’s all I have, Your Honor. Thank you.

Most significantly, however, the case against Scisney was a strong one. She was[*327] positively identified in court by the teller she robbed, who also had picked her photo from a photo spread immediately after the robbery. Other than wearing dark glasses and a hat, Scisney made no attempt to disguise her appearance during the robbery. After the robbery, she and her boyfriend purchased three separate money orders and a number of miscellaneous items, using $100 bills. She was able to pay off her outstanding fine as well as pay back $20 she had borrowed the previous day. All of her acquaintances who testified at trial indicated that she went from impecuniousness to relative affluence within a twenty-four hour period. Her boyfriend told a number of conflicting stories to the authorities. Although “overwhelming” might be too strong a word to describe the government’s case, it was solid enough overall, and convinces us that any error involved in the brief reference to the prior shoplifting conviction was harmless as a matter of law.

AFFIRMED.

1

. In United States v. Ashley, 569 F.2d 975 (5th Cir.), cert. denied, 439 U.S. 853, 99 S.Ct. 163, 58 L.Ed.2d 159 (1978), the court specifically held that shoplifting was not a crime involving "dishonesty or false statement” under Rule 609. In a footnote the court references our Lloyd case as the only case holding that shoplifting was an appropriate conviction to be used for impeachment purposes, pointing out that Lloyd was a pre-federal rules case.

2

. The local chief of police warned Scisney the night before the bank robbery that Scisney was going to be arrested pursuant to the bench warrant. Scisney asked for, and received, one day of grace in which to raise the money.