Use of a prior Defered Adjudication
Asking this for a co-worker who's in trial.
Def. has a prior "False Report to a Peace Officer" and received Def.Adjud. on it. Completed the term.
We're pretty sure we can use it in punishment, but can this offense be used as impeachment of the Def. IF he testifies in the guilt/inn. phase?
The prior case involved an accident and the Def. leaving the scene, going to the Station (with booze on his breath) reporting his vehicle was stolen. Later told the truth.
Current case is DWI.
Thanks
Not without a showing of some other relevance or bias which is proved by the prior case. See Duncan v State 899/2d/279.
March 20, 2007, 15:13
L.D. BloomquistWhat about not using the adjudication but using the act itself to impeach the defendant
Defendant lied to police and told them vehicle was stolen when he wrecked it.