¶2I agree with the rationale of Holmes and Brown that the time standard set forth in Rule 609(b), Ala. R. Evid., should be tolled by the appellant's imprisonment on his 1977 murder conviction and that therefore his two earlier convictions should not be considered stale. However, I also recognize that the rules and the caselaw in Alabama do not support such a finding at this time. Accordingly, I concur specially to urge that Rule 609(b), Ala.R.Evid., be revised and/or interpreted to provide for such a tolling.
878 So. 2d 328
Moore v. State
Court of Criminal Appeals of Alabama
Decided October 31, 2003
Court of Criminal Appeals of Alabama · decided 2003-10-31
Cited by 7 later decisions — most recently July 2016
7 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 2003-10-31
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