October 26, 2020 Trial Tactics

Avoiding Hypothetical Rulings

Stephen A. Saltzburg

In Luce v. United States, 469 U.S. 38 (1984), a unanimous Supreme Court ruled that a defendant in a criminal case who objects to being impeached with a prior conviction must take the stand and actually be impeached in order to preserve a claim of error with respect to a trial judge’s admission of the prior conviction.

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