Evidence-Wellborn SU2006 Outline

At trial p was permitted to read to the jury the

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Unformatted text preview: testifies not only a,b,c but also d,e,f....but why didn't she say it back then? (the implication is that she fabricated it in the meantime) This type of Miranda cases all involve murder and then a claim of self defense. Question is is his self defense story a fabrication...being hammered on cross that now you say he came at you with an ax and that's why you shot him...why didn't you say that at the time? Valid exercise of impeachment unless he was just exercising his Miranda rights when he didn't say it at the time! Fletcher case completely wrong, post-arrest silence....wasn't actually in the record that he was actually Mirandized at the arrest..so what? We all know that litany...just because he wasn't Mirandized doesn't mean that he was not exercising his Miranda rights!! FRE if Miranda warnings have not been given, silence of an accused after arrest may be used if otherwise relevant and admissible. Texas: post arrest silence, not admissible under any circumstances. Makes sense! Hearsay Exceptions: Admission by a Party-Opponent Authorized [FRE 801(d)(2) (C)] FRE 801(d)(2)(C): Statements Which A...
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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 at Austin.

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