Evidence-Wellborn SU2006 Outline

If all you do is bring out that the witness has 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: portation of stolen property. After he testified, gov recalled one of its witnesses and asked him whether he would believe appellant under oath. Defense counsel objected and was overruled. Appellant now argues that it was error to allow the witness to offer his opinion on whether he would believe appellant under oath, because counsel never established how he knew defendant. Issue: Must it first be established that an opinion witness is familiar with the fact witness before that witness may be asked whether or not he or she would believe the fact witness under oath? Holding: 608(a) Imposes no prerequisite conditioned upon long acquaintance or recent information about the witness; crossexamination can be expected to expose defects of lack of familiarity and to reveal reliance on isolated or irrelevant instances of misconduct on the part of the character witness. Main Point: Can say would you believe the appellant under oath? Admissible question Do not have to first ask the impeaching witness about his knowledge of the defendant's reputation for truth and veracity; these things can be exposed through cr...
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