Mullins v. Thompson

Thompson, Justice.

This case presents a question of first impression: Can a witness who is a lawyer be impeached by evidence showing that his license to practice law was suspended? We answer this question in the negative.

Evelyn Mullins died testate, leaving a number of children. One, Kathy Thompson, petitioned to probate the will; another, Roy Mullins, filed a caveat, alleging the will was a “traced forgery.” The probate court admitted the will to probate and Mullins appealed to the superior court which, following a de novo jury trial and a verdict in favor of Thompson, upheld the validity of…