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  1. #1
    Join Date
    Nov 2007
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    6

    Default Time Limit For Use of Prior Convictions

    My question involves court procedures for the state of: Ohio
    I know the time limit for convictions is ten years to be admissible as evidence. My question is... ten years back from what date? Date of alleged incident in suit, date suit filed, date of evidence submitted in court? Let me give more details... Date of alleged incident in criminal case -11/04, discharged - 6/05, Civil filed 11/05, dismissed-11/06, refiled 11/07 (pending). The alleged victum has a criminal record a mile long... including convictions for fraud, false representation, false affidavit, and so on. The four years from the date of the incident and trial time could mean the difference of a handful of convictions used as evidence an my behalf as to credibility of allegations. There is no other evidence againts me other than the acusations of a multi felon. I filed a counter suit.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
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    643

    Default Re: Evidence - Convictions Time Limit

    Ohio as does many other states has a rule of evidence concerning conviction of a crime which is based on Rule 609 of the Federal Rules of Evidence. Here's the Ohio rule-click on Rule 609 to see the rule and notes--subsection (B) sets forth the time limits.

    http://www.sconet.state.oh.us/Rules/...e/evidence.pdf

  3. #3
    Join Date
    Nov 2007
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    6

    Default Re: Evidence - Convictions Time Limit

    Thank you so much for responding. I have read rule 609(B) better than a dozen times. I understand what is says. What I dont understand is what it does not say...10 years old from what date? The Date of the incident in question or the date entered as evidence or somewhere in between. As I explained this has drug on for four years since the alleged incident due to refilings on their part. The date claimed of the incident is 11/07/2004. The trial is 12/09/2008. Does that mean 10 years back is 11/07/1994 or 12/09/1998? Those four years means the difference of using 6 convictions...yep he is a career criminal. Thanks again for your help.

  4. #4

    Default Re: Evidence - Convictions Time Limit

    If it is a civil trial you cannot use character evidence unless character is the issue.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Evidence - Convictions Time Limit

    The question is about Rule 609, which permits the use of certain convictions to impeach a witness. In part:
    Quote Quoting Ohio Rules of Evidence, Rule 609
    (A) General rule. For the purpose of attacking the credibility of a witness:
    (1) subject to Evid.R. 403, evidence that a witness other than the accused has been convicted of a crime is admissible if the crime was punishable by death or imprisonment in excess of one year pursuant to the law under which the witness was convicted.

    (2) notwithstanding Evid.R. 403(A), but subject to Evid.R. 403(B), evidence that the accused has been convicted of a crime is admissible if the crime was punishable by death or imprisonment in excess of one year pursuant to the law under which the accused was convicted and if the court determines that the probative value of the evidence outweighs the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.

    (3) notwithstanding Evid.R. 403(A), but subject to Evid.R. 403(B), evidence that any witness, including an accused, has been convicted of a crime is admissible if the crime involved dishonesty or false statement, regardless of the punishment and whether based upon state or federal statute or local ordinance.
    (B) Time limit. Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement, or the termination of community control sanctions, post-release control, or probation, shock probation, parole, or shock parole imposed for that conviction,
    whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.

    * * *
    The rule explicitly states how the ten year period is calculated. ("Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement, or the termination of community control sanctions, post-release control, or probation, shock probation, parole, or shock parole imposed for that conviction,
    whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect.") It's a rule about impeaching witness testimony, so the ten years is measured back from the date of the testimony.

    lwpat is correct that, in general, criminal convictions from unrelated acts aren't substantive evidence.
    Quote Quoting Ohio Rules of Evidence, Rule 404. Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes
    (A) Character evidence generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, subject to the following exceptions:
    (1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same is admissible; however, in prosecutions for rape, gross sexual imposition, and prostitution, the exceptions provided by statute enacted by the General Assembly are applicable.

    (2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor is admissible; however, in prosecutions for rape, gross sexual imposition, and prostitution, the exceptions provided by statute enacted by the General Assembly are applicable.

    (3) Character of witness. Evidence of the character of a witness on the issue of credibility is admissible as provided in Rules 607, 608, and 609.
    (B) Other crimes, wrongs or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

  6. #6

    Default Re: Time Limit For Use of Prior Convictions

    Aaron, you are still talking about a criminal trial. If the OP filed a countersuit, it is civil.

  7. #7
    Join Date
    Jun 2006
    Location
    Arkansas
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    643

    Default Re: Time Limit For Use of Prior Convictions

    Quote Quoting lwpat
    View Post
    Aaron, you are still talking about a criminal trial. If the OP filed a countersuit, it is civil.
    But what we need to remember is that although Rule 609 concerns criminal convictions, provided the convictions meet the criteria of the rule, they are admissible for impeachment purposes in criminal or civil trials.

  8. #8

    Default Re: Time Limit For Use of Prior Convictions

    While that is correct, the way I read the OP, he wants to introduce the prior bad acts as evidence. Impeachment is another issue and depends on the specifics of the case, which we don't have, and the testimony. It would be difficult for a pro se litigant to do.

  9. #9
    Join Date
    Nov 2007
    Posts
    6

    Default Re: Time Limit For Use of Prior Convictions

    Character is an issue for my counter suit,(mal. prosecution, abuse of process, slander and def of character) I am not the first person he has make false acusations about for financial gain. The convictions I want to introduce are felonies for...false statements, false affidavit, purjury,and fraud, in multi cases. As I see it,the prior convictions not only question credibility but lead to motive and intent. As to impeachment I also have that covered with his different statements and testimony in the criminal case. I know I am way out of my league on this one but the criminal case financially ruined us, and its either give it my best shot or let the career criminal once again lie/steal to get something he did not work for. I wish I could get an attorney too but my counterpart has nothing, so there is no incentive to take my case on contingency. I am hoping that his attorney will see that I am going to make him work not only for a judgement in the plaintiff's favor but to keep from a judgement against his client, and once again dismiss.

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