Old Chief v. United States: Radical Change or Minor Departure? How Much Further Will Courts Go in Limiting the Prosecution's Ability to Try Its Case?

Authors

Scott Patterson

Publication Date

5-1998

Document Type

Casenote

Abstract

In Old Chief v. United States, the United States Supreme Court held that a district court abused its discretion under rule 403 of the Federal Rules of Evidence ("Rule 403") when it refused a defendant's offer to stipulate to a prior assault conviction, and instead admitted the full record of the conviction, when the sole purpose of the evidence was to prove the prior conviction element of a felon in possession of a firearm charge. The holding marks the first time the Supreme Court has limited the time-honored principal of allowing the prosecution the freedom to refuse offers to stipulate and to try its case as it sees fit.

Recommended Citation

Patterson, Scott (1998) "Old Chief v. United States: Radical Change or Minor Departure? How Much Further Will Courts Go in Limiting the Prosecution's Ability to Try Its Case?," Mercer Law Review: Vol. 49: No. 3, Article 13.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol49/iss3/13