Evidence-Wellborn SU2006 Outline

Prior inconsistent silence or omission of an accused

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Unformatted text preview: 's home, police found a matchbox containing marijuana in the pocket of his pants. Procedural Posture: Appellant urges that the cross-examination of Susan Robinson, his chief alibi witness, was improper. Appellant called Robinson to the stand who claimed that she had spent the night with appellant. On cross- prosecutor tried to establish that much of Robinson's testimony was fabricated. He repeatedly called her attention to a prior interview and the fact the she had not related many of the things she was now saying to him before. Issue: Was the prior silence of the witness as to these matters admissible as a prior inconsistent statement within the scope of 613? Holding: The prior silence was admissible, because it was made under circumstances rendering it incumbent upon the witness to be likely to state such a fact! o "The 11:15 pm telephone call, the initial appearance of the appellant at his parents' home and the observation of her brothers outside the appellant's parents' home are all facts which it would have been natura...
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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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