Evidence-Wellborn SU2006 Outline

Bias in federal rules not included in 613 extrinsic

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Unformatted text preview: h statements cannot possibly be true, hence inconsistency. Note 6 on page 330: Inconsistency on a collateral matter Collateral matters don't often come up with prior inconsistent statement...because usually the inconsistency goes toward the meat of the case and isn't collateral. But sometimes you can have witness inconsistency on a collateral matter. o If the witness has contradicted herself on any fact, that impeaches her not only on that fact but on ANY fact. So you might have an inconsistent statement on something like background facts (does the witness live alone or with his or her parents). o Can ask the witness on cross to either read the prior inconsistent statement (but not admit it as an exhibit) or can ask the witness on cross "Wait, but don't you live with your parents?" o Can't prove it by extrinsic evidence though! Have to accept the witness' answer. UNITED STATES v. HARVEY [Impeaching a Witness through Bias or Interest Bias not considered collateral, extrinsic evidence may be brought in to prove prior statements of witnes...
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