Evidence-Wellborn SU2006 Outline

Rock v arkansas competency of witness lack of

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Unformatted text preview: ce of the evidence standard!) Example Inadmissible. In a civil rights case in which the plaintiff inmate alleged that prison guards used excessive force against him, the trial court properly excluded the testimony of an inmate who occupied the adjacent cell. The trial court found that the inch and half crack at the corner of the witness' cell did not afford him the opportunity to observe what happened in plaintiff's cell. A witness need not claim to be absolutely certain about the accuracy of her observations "I believe" or "I think" is okay! Probably goes more to weight than admissibility! Wellborn makes a statement: "Alan Rau is the Unabomber" Three possibilities with respect to this statement: Only the first is acceptable as evidence!! o Personal knowledge he saw Alan Rau unabombing o Hearsay someone told him Alan Rau was the Unabomber and he believed it not acceptable as evidence Rule 602 Rule 802 Conjecture I know Alan Rau, he has these characteristics, I think he is the Unabomber not acceptable as evidence Rule 602 Rule 701 prohibits lay witness opinions that are...
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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 at Austin.

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