State v. Scriven

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding sentence enhancements upon conviction for a second or greater offense are not elements of the offense
• holding the trial court must conduct a balancing test under Rule 609(a)(1) to determine whether an accused facing trial on charges for distributing cocaine and marijuana could be impeached with his prior drug convictions
• finding the appellate court should not undertake a Rule 609 balancing test, but should remand the issue to the trial court
• stating if the trial court does not conduct a meaningful on-the-record balancing test, a decision to admit a defendant's prior convictions is an error of law resulting in an abuse of discretion
• finding admission of prior convictions was not harmless error where convictions were eight years old at the time of trial, the prior convictions and the charged offenses were similar, and the prior convictions presented “a great likelihood of prejudice to the accused”
• appellate court should not undertake a rule 609 balancing test, but should remand the issue to the trial court

Source: CourtListener parenthetical corpus (CC0).