Evidence-Wellborn SU2006 Outline

Have to do this on crossthe door is open but the

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Unformatted text preview: n said is wrong: Self contradiction = easy; you say one thing and then you say another...the more times you do this the less credible you are because in one instance you are always lying. If you don't have self contradiction it's a lot harder: Our witness says X, your witness says Y. Then have to make the inference that the other witness is wrong in this instance (extra step)..and therefore, everything else that witnesses say is wrong o Extra step = you have to believe the other witness, not the one being impeached. o Impeachment that is occurring in these situations is subtle...really trying to sell your versions of the fact....sometimes the jury may use impeachment thinking in the process of deciding which versions of the facts to adopt. One of the things Wellborn likes about Kellensworth is that the Arkansas court at one point gives a very succinct definition of what is collateral: 2nd paragraph, page 360 Not a collateral matter if it either goes directly to the merits (one that is relevant to the substantive iss...
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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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