Assume the defense wants to impeach the prosecution's main witness with a 1995 Gross Misdemeanor DUI conviction, a crime punishable by up to two years. The witness served one year. Explain if this conviction is admissible. Briefly explain why criminal defense attorneys don't like the Luce decision. Defendant is charged with murdering his second wife.
Defendant claims the shooting was an accident.
Several prosecution witnesses testified that in the weeks before the shooting the defendant and his wife had been involved in numerous loud arguments. The witnesses all attributed the fights between defendant and his second wife to defendant's frustration over his inability to obtain a job as a police officer. His first wife will testify for the prosecution that when she was married to defendant eight years ago, defendant became violent and shot her with a gun after he failed a police academy qualifying exam. Rule and explain. Victim's home was burglarized, but there was no evidence of a forced entry.