Ohler v. United States — Souter, J., dissenting

Summary

Justice Souter, joined by Justices Stevens, Ginsburg and Breyer, dissents from the majority’s rule that a testifying defendant waives the right to appeal an adverse in‑limine ruling admitting prior convictions. The dissent argues that the rule lacks support in precedent, the Federal Rules of Evidence, and the purposes of a trial, and that a defendant who testifies and introduces her own convictions should retain the right to appellate review.