State v. Wayne Kelley

This court declines to discard an outmoded rule of law by not imposing more stringent limitations on the use of prior convictions to attack credibility. In light of recent initiatives by the federal system and various state courts, I am compelled to reexamine the posture of this court.

Since the enactment of RSA 516:33, which permits the admission of evidence of certain prior crimes for impeachment purposes, this court has held that the use of such evidence was subject only to “the close control of the Trial Court in the exercise of its discretionary powers.” State v. Cote, 108 N.H. 290, 297,…