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U.S. v. NORRIS

No. 89-1622.

910 F.2d 1246 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. James Wayne NORRIS, James Douglas Owens, George Dennis Berry, a/k/a Dennis Berry, and Thomas Shannon Darr, a/k/a Shannon Darr, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 2, 1990.

Attorney(s) appearing for the Case

Thomas E. Kurth (court appointed), and John H. Hagler (court appointed for oral argument only), Dallas, Tex., for Norris.

Kerry P. Fitzgerald, Dallas, Tex., and William T. Habern, Riverside, Tex., for Owens.

Vic Feazell (court appointed), Waco, Tex., for Berry.

Carl D. Hughes (court appointed), Dallas, Tex., for Darr.

Marvin Collins, Delonia A. Watson, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee U.S.

Before GOLDBERG, GEE and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

The sole issue meriting discussion on this appeal is whether a defendant may be impeached by evidence and jury argument concerning a plea of "not guilty" in a previous unrelated prosecution in which the defendant was convicted despite that plea. In other words, whether an unsuccessful plea of not guilty can be characterized as a lie and used to attack a defendant's credibility. We conclude that a plea of not

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