Legal Opinion · Concurrence

State v. Beasley

Court of Appeals of Arizona

Decided June 12, 2003No. 1 CA-CR 01-0783Published

1ConcurrenceHall, Presiding Judge

¶35 In Part IV of its opinion, my colleagues impose a new requirement on trial court judges considering whether to permit impeachment of a criminal defendant with previous felony convictions pursuant to Rule 609(a). Henceforth, “in deciding whether to reveal the nature of the defendant’s offenses to the jury [a trial court] must balance the probative value of the conviction” against “the very real possibility that the jury may misuse this information to the defendant’s prejudice.” Ante ¶ 19. The majority then concludes that the trial court, because it did not make “formal findings” that the…

2Cases cited13 opinions

  1. Old Chief v. United StatesSupreme Court of the United States · 1997
  2. State v. PolandArizona Supreme Court · 1985
  3. State v. PerkinsArizona Supreme Court · 1984
  4. State v. NobleArizona Supreme Court · 1987
  5. State v. EllersonArizona Supreme Court · 1980

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