Cure v. State
Annotate this CaseDeltavia Cure was convicted of possession with intent to distribute a controlled dangerous substance, conspiracy to distribute a controlled dangerous substance, and conspiracy to possess with intent to distribute a controlled dangerous substance. Cure appealed, arguing that the trial court abused its discretion by ruling that he could be impeached with a prior arson conviction. The court of special appeals held that (1) Cure waived his right to appellate review of the admissibility of his conviction for impeachment purposes, and (2) waiver aside, it was not an abuse of discretion for the trial court to rule that Cure's arson conviction would be admissible for impeachment purposes. The Court of Appeals affirmed, holding (1) when a defendant elects to testify and, in so doing, testifies affirmatively on direct examination as to the existence of a prior conviction to "draw the sting out" of that conviction, he does not waive necessarily his right to appellate review of the merits of the trial judge's prior in limine determination that the prosecution may use the conviction for impeachment purposes; and (2) the trial judge did not abuse his discretion in ruling that Cure's prior arson conviction could be used for impeachment purposes.
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