Legal Opinion

(1974)

Wisconsin Attorney General Reports

Decided September 27, 1974Published

1Opinion of the Court

RICHARD C. KELLY, District Attorney, Juneau County

You have requested an opinion on the following question:

On cross examination, can the District Attorney impeach a defendant's testimony by asking the defendant whether or not he has previously been convicted of a criminal offense?

Under the law as it was before January 1, 1974, the answer to the question would have been an unqualified yes, but under the new Evidence Code promulgated by the Supreme Court the rule is now changed. Rule (sec.) 906.09 (59 Wis.2d R176) effective January 1, 1974, provides:

"906.09 Impeachment by evidence of conviction…

2Cases cited28 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Johnson v. New JerseySupreme Court of the United States · 1966

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