[DOWNLOAD] "Turnbill v. Bordenkircher" by Sixth Circuit. United States Court Of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Turnbill v. Bordenkircher
• Author : Sixth Circuit. United States Court Of Appeals
• Release Date : January 05, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Turnbill appeals from a life sentence as a habitual offender entered after a jury trial in accordance with the law of Kentucky at that time. Turnbill was tried to a jury for breaking and entering a store and testimony was received from a court clerk to the effect that Turnbill had previously been convicted of robbery in 1957 and storehouse breaking in 1952. No admonition as to the use of this evidence was requested by defense counsel or given by the state trial judge. Subsequently, on Turnbill's own testimony before the jury, he was himself asked how many times he had been convicted of a felony, to which he responded that he had been ""arrested"" several times. At this point the state trial judge gave an admonition which did not correspond with defendant's testimony about arrest, but did say that testimony pertaining to conviction of a felony ""should not be considered by you as evidence of the commission of any crime here, but is only permitted to be used as it goes to his credibility as a witness...."" In submitting this case to the jury, the court did not give instruction on this issue. Subsequently the jurors exhibited an interest in the matter in the following colloquy between the foreman of the jury and the court:

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