Evidence-Wellborn SU2006 Outline

Ex when an out of court statement is offered as a

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: ULD SHOW THIS! Ruling was erroneous, evidence should have been admitted, but was the opportunity to consider the evidence preserved? Obviously looking for an inconsistent statement with his cross-examination. She's testified something about when she met or when she knew Mike, the rapist, and evidently she testified to something during a preliminary hearing that she thinks is arguably inconsistent. So she asks him about what she said at this preliminary hearing and there is an objection because defense counsel doesn't have transcript, and then there is a colloquy with the court in which it's developed that there isn't a transcript. o Judge says since there wasn't a transcript, it wasn't allowed That's error. He can ask her about anything she said, the only thing he can't do is contradict her about anything she says If she says I don't remember or says something inconsistent he doesn't have any grounds to contradict her. So there was error but the Wyoming court says we don't even have to go there because it wasn't preserved. o How do they know whether it was harmful to have...
View Full Document

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.

Ask a homework question - tutors are online