Evidence-Wellborn SU2006 Outline

Issue was the defenses treatment of russell an attack

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Unformatted text preview: only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. Untruthful Character Reputation Witness A witness who testifies as to the fact witness' reputation in the community or among his associates for untruthfulness. The testimony must be limited to the fact witness' reputation; the character witness cannot give examples or explain why this reputation exists. A witness testifying to the reputation of a fact witness must have personal knowledge of that reputation. Untruthful Character Opinion Witness Witness who gives her opinion of the fact witness' untruthfulness. Must be personally acquainted with the fact witness. Testimony must be confined to a statement of opinion: Cannot relate specific incidents that support the opinion. Proper to ask an opinion witness whether she would believe the fact witness under oath, but not proper to ask whether she believes the fact witness' story in this case. UNITED STATES v. LOLLAR [Impeaching the Witness: Direct Reputation or Opinion Evidence of Character for Truthfulness FRE 608(a)] Facts/Procedural Posture: Lollar appeals from conviction for interstate trans...
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