Under Rule 609(d), a conviction that satisfies 609(a), (b), and (c) is admissible even if an appeal is pending.

Under Rule 609(d), a conviction that satisfies 609(a), (b), and (c) is admissible even if an appeal is pending.

• A. It is admissible even if an appeal is pending.
• B. Admissibility depends on the outcome of the appeal.
• C. It is never admissible during an appeal.
• D. The conviction must be for a specific type.

Answer: (A)

Rule 609 governs when prior convictions can be used to impeach a witness’s credibility. The special provision in this rule says that if a conviction fits the listed categories (the kinds of offenses and timing described in the rule) then the conviction can be used to impeach even if an appeal is still pending. The reason this is allowed is that the credibility issue is present in the courtroom now, and the fact that the conviction is within the enumerated, probative categories makes it a reliable marker of truthfulness. Allowing its use despite a pending appeal prevents the appellate status from unfairly blocking a legitimate impeachment tool when the conviction itself remains relevant. So, when a conviction meets the 609(a) categories (like a felony or a crime involving dishonesty/false statement) and passes the other conditions in 609(b) and (c), it remains admissible even if an appeal is pending.

Rule 609 governs when prior convictions can be used to impeach a witness’s credibility. The special provision in this rule says that if a conviction fits the listed categories (the kinds of offenses and timing described in the rule) then the conviction can be used to impeach even if an appeal is still pending. The reason this is allowed is that the credibility issue is present in the courtroom now, and the fact that the conviction is within the enumerated, probative categories makes it a reliable marker of truthfulness. Allowing its use despite a pending appeal prevents the appellate status from unfairly blocking a legitimate impeachment tool when the conviction itself remains relevant. So, when a conviction meets the 609(a) categories (like a felony or a crime involving dishonesty/false statement) and passes the other conditions in 609(b) and (c), it remains admissible even if an appeal is pending.