I wish to cite to the Court additional support for the State's argument that defendant's inquiry on remand into the prior felony convictions of a key prosecution witness is properly limited solely to impeachment purposes under Rule 609, Utah Rules of Evidence and that defendant may not inquire concerning the convictions under Rule 404(b), Utah Rules of Evidence. United States v. McCourt, 925 F.2d 1229 (9th Cir. 1991) (holding that evidence of prior criminal conduct, no matter by whom, is not admissible for the purpose of proving propensity or conforming conduct). Br. of Appellee at 14-18.
This supplemental authority is submitted pursuant to Rule 24(j), Utah Rules of Appellate Procedure.
Public record document (some rights may be reserved).
Legal Brief, Utah v. Smith, No. 900214 (Utah Court of Appeals, 1990).