Evidence-Wellborn SU2006 Outline

note 3 removing the sting by elicitation on direct

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Unformatted text preview: of the conviction as credibility evidence is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or other counterveiling considerations listed in Rule 403. Burden of proof on party imposing the impeachment. 609(b) mandates a more stringent balancing test for convictions that are at least 10 years old: Remote conviction is admissible only if the court makes a finding, supported by specific facts and circumstances, that the probative value of the conviction substantially outweighs its prejudicial effect. UNITED STATES v. TSE [Impeaching a Witness: Character for Truthfulness, Conviction of Crime Criminally Accused, FRE 609] Facts/Procedural Posture: DEA unsuccessfully attempted to record a drug transaction between Tse and Williams (a cooperating witness) Because DEA agents were not able to record the transaction, the government relied heavily on Williams' testimony to describe the events of that evening. Tse's primary strategy was to discredit Williams' testimony. Tse attempted to impeach Williams' credibility by introducing evidence of Williams' prior conviction for assault and ba...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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