Evidence-Wellborn SU2006 Outline

Retains a limited dead mans rule for certain civil

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Unformatted text preview: Court rules that counsel didn't sufficiently show why conversation #2 was relevant to the issue at trial nor did it specify what parts of conversation #1 would be qualified or explained by conversation #2. Curative Admissibility ("Opening the Door") And the Rule of Completeness Texas Rule 107, Not in federal rules (common law notion) GOVERNMENT OF THE VIRGIN ISLANDS v. ARCHIBALD [Curative Admissibility "Opening the Door"; and the Rule of Completeness] Facts: Defense asks Williams (the mom) if she had overheard any conversations with Latoya and Tasha concerning Archibald. Answer to this is not hearsay. Prosecution, on redirect, gets Williams to testify as to what Tasha had told her about LaToya and Archibald. Procedural Posture: Defense objects to the admission of the hearsay: "Tasha told me that Archibald and Latoya were kissing while dancing at a party." District court ruled that counsel had "opened the door" to the disputed testimony. Issue: By asking Williams if she had overheard any conversations with Latoya and Tasha concerning Ar...
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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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