Shirl A. Stephen v. United States
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Whether impeachment of a witness in a criminal trial under D.C. Code § 14-305 requires proof that the witness was actually sentenced for the prior convictions used for impeachment under the Due Process Clause of the Fifth Amendment?
QUESTION(S) PRESENTED D.C. Code § 14-305 establishes the method upon which a witness may be impeached by a criminal "conviction," which the District’s case law defines as a criminal offense for which the defendant has already been sentenced. Here, the government impeached the defendant with five (5) prior convictions without proving that each conviction was premised on an actual sentence. Whether such impeachment in a criminal trial comports with the Due Process Clause of the Fifth Amendment?