Evidence-Wellborn SU2006 Outline

Not a pepsi bottle no i am sure it was a coke bottle

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Unformatted text preview: ue in the case) or is one of those exceptional types of testimony that are not collateral (bias, interest, conviction of a crime, want of capacity, opportunity, or knowledge of the witness). KELLENSWORTH v. STATE Facts/Procedural Posture: Kellensworth charged with rape and burglary. Defendant called his mother as a witness, who at some point said, that he was a kind and loving husband and father. Said he "worshipped his wife at the time." State brought it up again when Kellensworth testified, and described his relationship with the wife similarly....worshipped etc. In rebuttal, state produces former Mrs. Kellensworth's and she paints a different picture (tried to kill me, beat it up... definitely contradicts the picture painted by these other witnesses.) Issue: Was evidence by Kellensworth's former wife that he did not worship her, inadmissible extrinsic evidence offered to impeach D's mother's credibility? Holding: A witness cannot be impeached on a collateral matter by calling another witness to contradict the testimony of the first witness. Statement that...
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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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