Articles Tagged with prior conviction

Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609.  The reminder is that:

The fact of a pending appeal does not defeat admission, but it may be brought up and discussed.  Mil. R. Evid. 609(e).

A summary court-martial may not be used to impeach under this rule.  There may be other ways to impeach with conduct subject to discipline at a summary court-martial, but not Mil. R. Evid. 609.  (Further evidence that an SCM is not considered a “conviction?”)