Evidence-Wellborn SU2006 Outline

Note 6 on page 330 inconsistency on a collateral

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Unformatted text preview: l to relate when questioned about appellant's activity on April 6, 1979." Notes: Texas still has rule that impeaching counsel must direct the witness to the time and place and person or persons to whom the statement was allegedly made before counsel can bring in extrinsic evidence of the prior statement!! Not in federal rules, relaxed in 613(b). *FEDERAL RULES: In order for extrinsic evidence to be introduced, the witness at SOME POINT needs to be afforded an opportunity to explain or deny the statement. *TEXAS RULES: In order for extrinsic evidence to be introduced, the witness must be directed to the time, place, and persons to whom the statement was originally made! Time, place, person, and substance (foundation) requirement o Codified in Michigan and Texas o Makes a lot of sense to have this. Gives the witness an opportunity to admit the statement Efficiency if the witness unequivocally admits having made the statement, its done there is no reason to bring in extrinsic proof, it's done. o Under Fed. Rule it is admissible to never mention the alleged inconsistent st...
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