Evidence-Wellborn SU2006 Outline

Mrs sharpe was unable to identify appellant in the

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Unformatted text preview: the testimony by the identifying witness; another witness who was present, such as a police officer, may testify to the previous identification. The prior identification need not be consistent with the witness' testimony. o Ex Admissible. Witness' prior identification of Ds even though in court she denied having told the officer that she had seen Ds near the scene on the night of the crime. o Ex-Admissible. Witness pointed out deputy federal marshall in court rather than D (whom she had earlier identified) United States v. Lewis! Important note: The requirement that the witness be "subject to cross-examination concerning the statement" is not violated by the witness having, or purporting to have, no present recollection of the identity of the person! Since IDs are major causes of erroneous conviction, why do we let this rule come in to allow more identifications? Because we would rather have identifications that are made closer to the incident than wait until trial...more natural way to tell the story of the ID to be able to say: "No she identified him that day out of a photo spre...
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