Evidence-Wellborn SU2006 Outline

And then can bring in extrinsic evidence as to how

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Unformatted text preview: e met: o Witness must be afforded the opportunity to explain or deny the statement o Opposing counsel must be afforded the opportunity to question the witness about it. Basic point: As long as the witness is available to be recalled, Rule 613(b) sanctions an offer of extrinsic evidence! Extrinsic Evidence Collateral Matters If the inconsistency relates to a collateral matter, extrinsic evidence may not be offered to prove that the prior statement was made. o Example: If the victim of an assault testifies that she was wearing a green sweater on the day in question, extrinsic evidence may not be brought in to show she earlier testified that she was wearing a red sweater. Rehabilitation Prior consistent Statements Witness who has been impeached with a prior inconsistent statement may rehabilitate herself by effectively explaining away the inconsistency or denying that the statement was made. [801(d)(1)(b)?] STATE v. HINES [Witness Impeachment: Prior Inconsistent Statement FRE 613] Facts: Hines convicted by jury of illegal possession of marijuana. Following a search of appellant...
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