Author Archives: Alan F. Pendleton, "Of Counsel" Martine Law Firm, Director of Mentorship & Education, Former District Court Judge.

The Minnesota Supreme Court Recently Issued A Decision Of 1^st Impression On The Use Of “UNSPECIFIED FELONIES” Which Significantly Impacts The Use Of Prior Convictions For Impeachment Purposes. This Training Update Replaces Update #10-19, Dated October 25, 2010. The Updated Section Is On Page 2, Paragraph #3, Labeled “NEW RULE – UNSPECIFIED FELONIES”. State v. Hill, AO9-1947, August 24, 2011.

QUESTION:   Prior To Trial The State Files A Motion-In-Limine Seeking To Impeach Defendant (Should He Decide To Testify) With Several Prior Felony Convictions, All Occurring Within The Past 10 Years And None Constituting A “Crime Of Dishonesty Or False Statement”. What Balancing Test Must The Court Apply And What 5 Specific Findings Must The Court Make (On The Record) To Properly Rule?

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Pendleton11.14-Impeachment-Prior_Felony_Convictions