Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Stroud v. Cook

    Brief Fact Summary. The plaintiff and defendant were in a traffic accident. The plaintiff admitted a record of the defendant’s misdemeanor conviction for failure to use due care in operation of his vehicle.

    Synopsis of Rule of Law. A record of a misdemeanor conviction is not admissible under the Federal Rule of Evidence (“FRE”) Rule 802 because it is not a felony, but it could still be admitted under FRE Rule 803(8) as a public record.

    Facts. The defendant was cited for failure to use due care in operating his vehicle right before he was in a traffic accident with the plaintiff. The plaintiff wanted to introduce the conviction record to prove the defendant’s negligence.

    Issue. Whether a misdemeanor conviction can be admitted as evidence?

    Held. The misdemeanor conviction can be admitted as evidence as a public record. In this case, it is admissible under FRE Rule 803(8) as a public record, or it is admissible under state law evidentiary rules.

    Discussion. FRE Rule 802 restricts non-felony convictions because they are less reliable. Parties are not as motivated to prove their innocence to the extent they would if it was a felony. The point is moot if the court allows the misdemeanor under the public records exception.


    Create New Group

      Casebriefs is concerned with your security, please complete the following