Evidence-Wellborn SU2006 Outline

Padilla v state objections and motions to strike

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Unformatted text preview: he evidence was made known to the court by offer or was apparent from the context within which questions were asked. (b) Record of Offer and Ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form. (This is what would have been shown...I would have asked this...and into the conversation you go)... Texas differs with respect to record of offer and ruling: Makes a Q&A form of offer of proof MANDATORY at the request of either party rather than discretionary with the court as in federal form. Purpose of offers of proof: Primary purpose of the offer of proof is to enable an appellate court to determine whether the exclusion of the evidence was erroneous and harmful. Secondary purpose is to permit the trial judge to reconsider the ruling in light of the actual evidence! Offer of proof "Apparent from the context"; cross-examination. An of...
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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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