Under Rule 609(d), a conviction that satisfies this rule is admissible even if an appeal is pending. What else is admissible?

Under Rule 609(d), a conviction that satisfies this rule is admissible even if an appeal is pending. What else is admissible?

• A. No admissibility
• B. Only if appeal is resolved
• C. Admissible only in civil cases
• D. Admissible; pendency of the appeal is also admissible

Answer: (D)

Rule 609(d) addresses impeachment evidence when a prior conviction is under appeal. The rule makes clear that a qualifying conviction remains admissible even if an appeal is pending, and the fact that an appeal is pending itself is also admissible as impeachment evidence. This prevents automatic exclusion of the conviction merely because it hasn’t become final, and it allows the jury to know that there is an ongoing challenge to the conviction. The result is that both the conviction and the pendency of the appeal can be admitted. It’s not limited to civil cases, and it isn’t restricted to only after the appeal is resolved.

Rule 609(d) addresses impeachment evidence when a prior conviction is under appeal. The rule makes clear that a qualifying conviction remains admissible even if an appeal is pending, and the fact that an appeal is pending itself is also admissible as impeachment evidence. This prevents automatic exclusion of the conviction merely because it hasn’t become final, and it allows the jury to know that there is an ongoing challenge to the conviction. The result is that both the conviction and the pendency of the appeal can be admitted. It’s not limited to civil cases, and it isn’t restricted to only after the appeal is resolved.