Evidence-Wellborn SU2006 Outline

Procedural posture appellant urges that the cross

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Unformatted text preview: opportunity to explain or deny the statement. Texas Rule 613: o Retains the foundation requirement that a witness first be informed of the time, place, and the person to whom the statement was made. o Texas imposes similar restraints when a witness is to be impeached by showing bias or interest through prior statements! Hearsay and Prior Inconsistent Statements: A witness' own out-of-court statement is hearsay if offered for its truth. When a witness's prior inconsistent statements if offered for impeachment, however, it is being offered merely to show that the witness told a different story at a different time. Thus, the statement is not being offered for its truth and is not hearsay when offered for this purpose. A witness may sometimes be impeached with her prior silence. Circumstances surrounding the prior silence or statements must have been such that the witness would have been expected to speak out or to provide greater detail. o Ex: Murder defendant testified that he acted in self-defense. Prosecution was...
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