Evidence-Wellborn SU2006 Outline

Holding evidence that impeaches a witness capacity is

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Unformatted text preview: atters as to truthfulness of character. Issue: Was the defense's treatment of Russell an attack within the meaning of Rule 608(a)? Holding: We conclude that the trial judge could have properly characterized the defense's treatment of Russell as an attack within the meaning of Rule 608(a): In this case, cross-examination of Russell included sharp questioning about her prior convictions, which were predicated on activities characterized as fraudulent. When such convictions are used for impeachment purposes, as they were on cross-examination here, we think that the door is opened to evidence in support of truthfulness. Notes: General Rule: Evidence offered to enhance the credibility of your witness is initially inadmissible on relevancy grounds. (Rule 402 grounds) Question in Medical Sciences Case is when does the door open...what constitutes a character attack that will then permit character support? o No doubt that when you call a witness to attack their character solely through reputation, opinion, bad acts under 608 etc. o Borderlines are bias, interest, motive, brutal cross that amounts to a personal attack w/ the implication of fabrication for some bad motive That's what happened in this cass...
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