Evidence-Wellborn SU2006 Outline

Defense should have objected here cant do this main

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Unformatted text preview: 's character or trait General Ban, see page 83 of evidence handbook on Prosecution turns him into a character witness What should have happened is the minute he said he is just the kind of man that would not do this thing. Defense should have objected here! Can't do this!! Main point: Page 25, Billy Tull was not a character witness. His entire testimony on direct examination was as purported eyewitness to the purchase of the automobile. The government may not turn him into a character witness. UNITED STATES v. MONTELEONE [Evidence Concerning the Accused in a Criminal Case: Defensive Use of Character and Prosecution Response - FRE 404(a)(1), 405(a)] Facts: Monteleone raises numerous challenges to his conviction for disposing of a firearm to a convicted felon. Monteleone had purchased a gun which he discovered that sometimes jammed when fired. Tried to get it fixed but to no avail. Eventually Monteleone gave the gun to his half brother, a convicted felon, who promised to get the gun repaired...
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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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