Evidence-Wellborn SU2006 Outline

Rationally based on the witness perception 2 would

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Unformatted text preview: stimony. Trial judge excluded their testimony because of the violation. Appellant's attorney learned that an agent of the district attorney's office had asked them to enter the courtroom and they did so because of the request. Upon offer of proof of what Gloria and Mr. Towner would testify (namely that appellant's wife had told him she was buying the property items and that she was going to get a bill of sale and show it to him) the court ruled that the testimony was dubious and cumulative to what the D had already testified to and thus excluded the testimony. Issue: Did the trial court err in excluding the defense witness' testimony due to their apparent violation of the sequestration order? Even if the sanction was erroneously harsh, should the evidence have been excluded because it was cumulative and irrelevant? Holding: The trial court erred in excluding the testimony: The extreme sanction of striking the testimony is only appropriate if the defendant or the defendant's lawyer is culpable of violating the rule. Since neither the defendant nor his counsel was involved in the violation, there c...
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