State v. Mercurio
Annotate this CaseAfter a jury trial, Defendant was found guilty of resisting arrest. Defendant appealed, arguing that the trial justice (1) abused his discretion by permitting the state to admit into evidence Defendant’s prior convictions; and (2) erred in permitting the prosecutor to reveal that two of Defendant’s prior assault convictions were upon police officers. The Supreme Court vacated the judgment of conviction, holding that the trial justice (1) was not clearly wrong in admitting the prior conviction evidence; but (2) erred in permitting the state to impeach Defendant’s testimony using his prior convictions of assault against police officers, and the error was not harmless. Remanded for a new trial.
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