Evidence-Wellborn SU2006 Outline

Should have properly portioned out your evidence o

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Unformatted text preview: l the overruling of his motion in limine to exclude use of his prior convictions for impeachment when he elected not to testify and the convictions were never presented into evidence. DUH! TEXAS DIFFERS FROM FEDERAL RULES ON MOTIONS IN LIMINE: Federal rule If the court rules w/o equivocation, and the issue is of a nature that could be fully determined in advance and is fully presented on the motion, you do not have to object again at trial to preserve the objection. o As long as the ruling is definitive, you don't waive your right to preserve the objection by not objecting again at trial! Don't want to make the party object again at trial (in futility knowing what the judge will say) in front of the jury..makes you look stupid! Texas rule If the motion in limine is overruled and you don't object again at trial, then you have waived your right to preserve the objection on appeal! In Texas, you have to object at trial to preserve the objection! Note: It is completely within the court's discretion to even hear a motion in...
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