This rule should also apparently use the luck factors

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This rule should also apparently use the Luck factors. See infra . Witness Is the Accused (609(a)(1)(B)) Evidence of a prior crime that did not involve a dishonest act or false statement Page 29 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar and which was punishable by death or imprisonment in excess of one year may be admitted if the probative value outweighs prejudice to the accused. Luck Factors Used for Balancing o 1) Impeachment value of prior crime o 2) Timing of the conviction o 3) Witness’s subsequent history o 4) Similarity between the past crime and the charged crime o 5) Centrality of the credibility issue o 609(b) Convictions are not admissible if older than 10 years unless the court determines that the probative value substantially outweighs prejudice. There is also a notice requirement. o 609(d) The court may , in a criminal case , allow evidence of a juvenile adjudication of a witness other than the accused if conviction would be admissible to impeach an adult and admission is necessary for a fair determination of the issue of guilt or innocence. o 609(c), (e) The conviction must be valid. o Relationship Between 404(b) [Crimes, Wrongs, and Other Acts] and 609 Admission under 404(b) can open the door for greater admissibility under 609. If something is admitted under 4049b) as substantive evidence, the prejudicial effect of the evidence is going to be diminished under 609 and it will be more likely to come in. o Extrinsic Evidence Extrinsic evidence can be used in 609. o Luce D did not testify because of fear that the evidence of a prior offense of the same crime currently charged with would come in and the trial court did not sustain a motion in limine to exclude. D cannot appeal admissibility, in this case, if the D did not testify. “[T]o raise and preserve for review the claim of improper impeachment with a prior conviction, a defendant must testify.” o Ohler Page 30 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar D seeks to take sting out of prior conviction and bring it up first. D is convicted and appeals. By taking the stand and raising the issue, the D has constituted a waiver of the right to appeal. 404(a)(3) Exception to 607, 608, and 609 o 404(a)(1), (3). Character Evidence (a) Character Evidence. (1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. (3) Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609. Bolstering Bolstering is boosting the witness’s credibility before it has been attacked. There is a bar against bolstering the witness’s testimony.
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