FRE 609 (b) states: (b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later.
Maybe I'm misreading it, but wouldn't the release from confinement always be later than the conviction?
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- A. Nony Mouse
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It would apply if a defendant was arrested and taken into custody, then released pending trial, then convicted and sentenced to time served. The entire confinement would have been completed before the conviction. (So if the defendant was arrested January 1, 2007, detained until February 1, 2007, then released, then convicted on March 1, 2007 and sentenced to time served; and then committed another crime on February 15, 2017, you could still impeach them with the prior.)
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