Evidence-Wellborn SU2006 Outline

Tses primary strategy was to discredit williams

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Unformatted text preview: judice) when the witness is an accused, otherwise 403 balancing test applies) Requires, upon written request, that notice be afforded the adverse party with respect to all attempts to impeach by prior conviction (not just those more than 10 years old) Bars use of a conviction if probation was received and satisfactorily completed Permits the use of juvenile adjudications to impeach a party in proceedings conducted pursuant to the juvenile justice code Conviction is inadmissible for impeachment if it is on appeal. Scope of Rule 609: 609(a)(2) provides that a conviction for any crime involving dishonesty of false statement may be used for impeachment. Not subject to a balancing test Crimes such as perjury, fraud, embezzlement, or false pretenses clearly qualify as crimes involving dishonesty or false statement. Crimes of violence clearly do not qualify. Offenses that are not themselves crimes of deceit, but which may employ deceit present more difficult problems of categorization: Burglary Stealing Kidnapping etc. Trial judge may look beyond the elements of a crime that does not facially involve dishonesty or false statement to determine whether the manner in which the witness committed the crime involved deceit. Ex: United Sta...
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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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