In December 2018 Todd became estranged from her friend, Frank, following a dispute over a "dolly and pick axe" she had loaned him. A couple of weeks later, in January 2019, Frank telephoned Todd and asked her to come to his home to talk. During the visit, the two struggled over a gun that Todd had brought with her and, at another point, Todd broke the glass door on Frank's microwave by punching it. Frank asked Todd to leave, and less than one minute after she left, a bullet penetrated his wall, shattering the glass of a picture frame. When deputies reviewed video footage captured by surveillance cameras that Frank had installed on his property, they saw Todd had fired two shots as she rode by on a motorcycle. 

After leaving Frank.'s house, Todd went to the home of another friend, Mike, where deputies found and arrested her. Upon release after her arrest, Todd admitted to Mike that she had fired a gun in the air as she drove by Frank's house. Mike is testifying for the prosecution at Todd's trial. Todd argues the trial court should allow her to impeach Mike's testimony with evidence of his conviction in 2001 for for trafficking methamphetamine. Mike was in prison for 3 years on that conviction, and was released in 2004. 

(a) What is the best argument for the Todd that the proffered evidence should be admitted? What would Todd have to prove? 

(b) What is the best argument for the Prosecution that the proffered evidence should be excluded?

(c) You are the judge. How do you rule? Provide a short statement explaining your reasoning. 

 

Answer rating: 100% (QA)

a The best argument for Todd is that the proffered evidence regarding Mikes prior conviction for trafficking methamphetamine is relevant to his credib... View the full answer