Evidence-Wellborn SU2006 Outline

In oral testimony recollection or in a manually made

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Unformatted text preview: CO. [Authentication and Identification of Evidence Demonstrative (Illustrative) Evidence] Facts/Procedural Posture: P suffered personal injuries when his truck was run into by a truck of the Ohio Oil Company During testimony of medical witness for plaintiff, the court permitted use of a plastic model of a human skeleton to assist the explanations. D contends that this was error b/c it was unnecessary to an understanding of the issues, was gruesome and tended only to arouse emotion rather than explain anything. Holding: From consideration of testimony of the witness, the court concludes that the explanation was relevant, legitimate and helpful, and contained nothing emotional or dramatic in character. Use of demonstrative evidence is usually left to the discretion of the trial court, and expressions of disapproval are generally based on irrelevance or that the model was misleading or not explanatory. If it appears that the exhibit was used for dramatic effect, rather than factual explanation useful to the reasoning of the jury, this should be regarded as r...
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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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