State v. Rahman

In State v. Rahman, 199 W. Va. 144, 483 S.E.2d 273 (1996), the defendant attempted to impeach the State's witness who had a shoplifting conviction. The circuit court ruled the evidence was inadmissible for impeachment purposes, stating "it is not an offense involving dishonesty or false statement under West Virginia Rule of Evidence 609(a)(2)(B)." Id., 199 W. Va. at 154, 483 S.E.2d at 283. On appeal, the defendant maintained the court erred. In upholding the circuit court's ruling, the Court said: Although there has been some disagreement, "federal courts and most state courts are unwilling to conclude that offenses such as petty larceny, shoplifting, robbery, possession of a weapon, and narcotics violations are per se crimes of 'dishonesty and false statement.'" Id.