State of Tennessee v. Marcus Dwayne Welcome - Concurring

Case Number
E2006-01839-CCA-R3-CD

I concur in the result and most of the reasoning in the majority opinion. I write separately because I believe the trial court should have, as it originally ruled, barred use of the defendant’s aggravated robbery conviction for impeachment. The main conduct of aggravated robbery that relates to dishonesty is essentially a theft. In the present case, the state had evidence of two prior theft convictions and two other acts of theft with which to impeach the defendant. To allow use, as well, of an aggravated robbery conviction in this aggravated robbery trial would add little probative value on the issue of the defendant’s credibility compared to the substantial prejudice it would have by involving an offense similar to the offense on trial.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge Richard R. Baumgartner
Case Name
State of Tennessee v. Marcus Dwayne Welcome - Concurring
Date Filed
Dissent or Concur
No
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