Does a failure to rule on a Rule 404(b) motion discourage a defendant from testifying at trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Youpee, 956 F.2d 276 (9th Cir. 1992):
Youpee contends that the district court's failure to rule on the government's Rule 404(b) motion discouraged him from testifying. However, an accused's decision whether to testify seldom turns on the resolution of one factor and a reviewing court may not assume that the adverse ruling motivated a defendant's decision not to testify. Luce v. United States, 469 U.S. 38, 42 (1984).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
In a motion to vacate and remand the convictions for failure to comply with the Jencks Act, is the failure of the evidence sufficient to grant a new trial? (MultiRegion, United States of America)
Does the fact that a witness testified untruthfully at a previous trial constitute a finding that he is testifying perjuriously at trial? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial? (MultiRegion, United States of America)
