Evidence-Wellborn SU2006 Outline

Johns manville sales corp below codifies the

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Unformatted text preview: tted that the article was authoritative. This last requirement makes the technique very limited. ZWACK v. STATE [Hearsay Exceptions, Availability of Declarant Immaterial: FRE 803(18) Learned Treatises] Facts: Issue: Appellant convicted of capital murder of a peace officer and punished to confinement for 45 years. Appellant's defense was insanity. Appellant contends that the trial court erred in refusing to permit his counsel to report portions of a learned treatise on psychology. Should the treatise have been admitted under 803(18)? Holding: Treatise was not admissible under 803(18). o Treatise only admissible in conjunction with testimony by an expert witness, either on direct or crossexamination, even when the authority of the publication is otherwise established. o When the treatise is read, there has to be a living, breathing, witness on the stand who acknowledges that the document is authoritative. o Note to self: do not read these treatises for the first time in closing arguments. Reasoning: Do not want the jury to receive arcane information without some guidance from a live witness Notes: When admissible, you do not send the treatise to the jury 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.

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