How have the courts dealt with the prior pleading of a defendant in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Felix-Rodriguez, 24 F.3d 250 (9th Cir. 1994):

Felix next contends that the district court erred in failing to issue a contemporaneous limiting instruction with the admission of his prior conviction. We rejected a similar argument in United States v. Rewald, 889 F.2d 836, 865 (9th Cir.1989) (district court did not abuse its discretion in refusing to give a contemporaneous cautionary instruction when evidence of a witness's guilty plea was admitted), amended on other grounds, 902 F.2d 18 (9th Cir.), cert. denied, 498 U.S. 819 (1990). Although the most effective practice is to issue a cautionary instruction when the prior conviction is admitted, and again in the final instructions, the district court did not abuse its discretion by giving the cautionary instruction only in its final charge to the jury. See id.

H. Roslynd's Presentence Report

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