Evidence-Wellborn SU2006 Outline

Issue was it an abuse of discretion for the judge to

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Unformatted text preview: t erroneously admit the evidence an uninterrupted chain of custody is not a prerequisite to admissibility. Gaps in the chain go to the weight of the evidence, not its admissibility. "If the trial judge is satisfied that in reasonable probability the evidence has not been altered in any material respect, he may permit its introduction." Subject only to reversal for abuse of discretion. Trial judge had good reason to believe the evidence had not been altered based on the evidence presented. Bullets are hard to alter Had been in official custody presumption of regularity attends official acts D presented no evidence of altering or tampering with the evidence Notes: Bullet fragments have to show chain of custody, in order to show that they weren't conflicted with someone else's bullet fragments... This was not a perfect chain of custody...but courts always say minor gaps or defects in chain of custody go to weight rather than admissibility...they have enough of a chain of custody to...
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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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