Loper v. Beto

In Loper v. Beto (405 U.S. 473 [1972]), upon taking the stand in his own defense, the defendant's general credibility was impeached with his prior convictions. Loper was charged with the statutory rape of his eight-year-old stepdaughter who was the sole witness against him. The defendant, conversely, was the only witness for the defense. The Court set forth the question presented in Loper as follows: "Does the use of prior, void convictions for impeachment purposes deprive a criminal defendant of due process of law where their use might well have influenced the outcome of the case?" (Id., at 480.) Loper (supra) held that the use of constitutionally infirm convictions to impeach a defendant's general credibility causes a defendant to suffer anew from the constitutional deprivation and violates due process of law. Thus, under the principle set forth in Burgett (supra), the use of a subsequently voided conviction for impeachment is use in support of guilt. (Loper v. Beto, supra, at 482.)