Evidence-Wellborn SU2006 Outline

This is the reason you can use extrinsic evidence to

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Unformatted text preview: Rule 609, may not be proved by extrinsic evidence. They may however, in the discretion of the court, or probative of truthfulness or untruthfulness, be inquired into on crossexamination of the witness (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. NOTE: The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters that relate only to character for truthfulness. TEXAS RULE diverges from the federal rule in two respects: *Federal rule allows a witness to be questioned about specific acts of conduct bearing on truthfulness (does not permit the admission of extrinsic evidence), Texas rule does not allow a witness to be questioned about specific instances of conduct that di...
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