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4. Mitchell v, Forsyth, 105 S.Ct. 2806 (6-19-85)** ~— ~ = sas a. ~— -_ = decision no ig the absence of a final judgment. Qualified immunity, similar to absolute immunity, is an entitlement not to stand trial under certain circumstances. Such entitlement ig an immunity from suit rather than a mere defense qualified immunity is an appealable final Ata eha aha Lt S ¥. Evidence A. Impeachment 1. U.S. ve. Abel, 105 S.Ct. 465 (12-10-84) A witness in federal court may be impeached by a showing of bias even though the Federal Rules of Evidence do not expressly mention bias as a ground for impeachment. The Court held that evidence showing membership of the witness and the defendant in a secret prison gang whose members were sworn to perjury and self-protection was sufficiently probative of the witness” possible bias towards the defendant to warrant its admission, 2. Luce v. U.S., 105 S.Ct. 460 (12-10-84) To raise and preserve for review on appeal the claim of improper impeachment with a prior conviction, a defendant must testify. The Court held that to perform the weighing of the prior conviction’s probative value against its prejudicial effect, as required by Federal Rule of Evidence 609(a)(1), the reviewing court must know the precise nature of the defendant’s testimony. Where the defendant makes an unsuccessful pre-trial motion to bar the prosecution from using a prior conviction and then elects not to testify, no meaningful review of the matter is possible, ‘ 3. U.S. v. Bagley, 105 S.Ct. 3375 (7-2-85)} ; Brady v. Maryland requires the prosecution to disclose evidence to the defense that is both favorable to the accused and material either to guilt or punishment. In Bagley the Court held that the government’s failure to disclose, upon request by the defense, impeachment or other exculpatory evidence amounts to constitutional error requiring revergaal of a conviction only if there is a reasonable probability that, had the requested evidence been disclosed to the defense, the result of the trial would have been different. Failure to disclose does not require automatic reversal, r x 10