View Full Version : Gun Possession Not a Crime of Moral Turpitude
07-22-2011, 9:52 AM
Or, more correctly stated, a California Court of Appeal held that a trial court did not abuse its discretion in finding that a 20-year old felony gun possession conviction was not a crime of moral turpitude for impeachment purposes. http://bit.ly/pfO0ML
07-22-2011, 2:02 PM
It shouldn't be as it is a regulatory crime.
Courts are intellectually dishonest in labeling crimes of moral turpitude. A simple battery is not a crime of moral turpitude according to CA case law. Yet a battery on a person with whom one has had a dating relationship is a CMT. It makes no sense. Usually, it comes down to the appellate court bending over backwards to sustain the conviction of the accused.
Similarly, selling drugs, a regulatory offense, is considered a CMT, i.e.,
"evincing a willingness to do evil." Yet simple possession is not a CMT.
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