Old Chief V. United States - Facts

Facts

Johnny Lynn Old Chief was arrested after a "fracas" involving "at least one gunshot." He was eventually charged with assault with a dangerous weapon, using a firearm in relation to a crime of violence, and being a felon in possession of a firearm. At trial, he asked the court to order the prosecution to refrain from mentioning any fact surrounding the prior felony that made him a prohibited possessor of a firearm. He also offered to stipulate to the fact that he had suffered a prior conviction that made him a prohibited possessor. The reason for asking the prosecution not to mention the facts of the prior crime, he said, was to preserve his right to be convicted by a jury beyond a reasonable doubt on the basis of the facts relating to only the conduct with which he was currently charged. In light of the stipulation, he contended that introducing any evidence relating to the facts of his prior crimes would be unfairly prejudicial under Rule 403 of the Federal Rules of Evidence. The prosecutor refused to agree to Old Chief's stipulation, arguing that he had the right to prove his case his own way. The district court sided with the prosecutor, resulting in the admission of evidence at trial that Old Chief had previously been convicted of "knowingly and unlawfully assault Rory Dean Fenner, said assault resulting in serious bodily injury." Old Chief was convicted on all the federal counts against him.

The Ninth Circuit affirmed the conviction. Under its case law at the time, the prosecution had the right to prove its case through probative evidence, and a "stipulation is not proof, and, thus, it has no place in the FRE 403 balancing process." In light of this circuit precedent, the Ninth Circuit held that the trial court did not abuse its discretion in admitting the facts of Old Chief's prior conviction against him at his trial. The U.S. Supreme Court then agreed to hear the case.