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Ohler v. United States | 529 U.S 753 (2000)
When a defendant testifies in a criminal trial, the prosecution often uses prior convictions to impeach the defendant’s credibility. A common trial strategy attempts to diminish the negative impact of prior convictions by having defendants disclose them on direct examination before the prosecutor has the opportunity to exaggerate their significance. But can a defendant introduce evidence of a prior conviction and still claim on appeal that the evidence shouldn’t have been admitted? This was the question in Ohler versus United States.
The prosecution in Maria Ohler’s trial for importation and possession of marijuana with intent to distribute sought to impeach her with her prior methamphetamine possession conviction if she testified. The district court granted the motion holding the conviction admissible under Federal Rule of Evidence 609(a)(1).
At trial, Ohler testified in her own defense. Rather than wait for the prosecution to reveal her prior conviction during cross-examination, Ohler tried to mitigate the jury’s negative reaction by disclosing her prior conviction on direct examination. The jury found Ohler guilty.
Ohler appealed. The Ninth Circuit held that Ohler waived her right to appeal the ruling because she couldn’t introduce evidence and then complain it was improperly admitted. The United States Supreme Court granted cert.
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