Evidence-Wellborn SU2006 Outline

Outside presence of jury smith proffered the

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Unformatted text preview: the use of reputation, opinion and specific act evidence only when it is offered to prove a witness' truthful or untruthful character...attempts to impeach a witness through other techniques, such as bias and capacity, are not addressed by Rule 608. This is the reason you can use extrinsic evidence to prove bias! Specific instances of conduct offered for another purpose: Extrinsic evidence may be admissible when evidence of specific acts is offered for some other purpose such as: Evidence is relevant to a material issue in the case Evidence proves the witness' bias towards on the litigants Evidence rebuts factual assertions made by the witness on direct examination etc. GUSTAFSON v. STATE [Impeaching a Witness: Truthfulness of Character Specific Acts of Misconduct FRE 608(b)] Facts: Gustafson convicted of burglary, attempted theft, and soliciting capital murder. Asked at trial about receiving certain stolen goods (CB radio equipment, stolen pickup truck). Never convicted for these acts Procedural Posture: Court admitted questioning on possession of the truck but did not permit questioning on the possession of the CB radio equipment. Gustafson appeals claiming that neither line of questioning should have been permitted und...
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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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