Evidence-Wellborn SU2006 Outline

United states v webster impeaching ones own witness w

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: The state could have objected...can't offer specific instances of what kind of a person he is (incompetent as to form of character evidence)..... or since you know that this is wrong, you can keep your mouth shut, not object, and call his shit out on cross because he opened the door. HAVE TO DO THIS ON CROSS.....the door is open, but the question is how big is the door? Just a regular door....can ask the mom you said he worshipped her, isn't it true he ran her over with a truck?? That's it. That should be it, because it is a collateral matter. Have to take her word. Can't use extrinsic evidence! KEY HERE!! So bringing in Mrs. Kellensworth, the former wife, was overkill. Which is why Wellborn would agree with the majority that he was entitled to a new trial here. Wellborn thinks even bringing it up on Cross with the father and Kellensworth....to turn them into witnesses about this relationship when they don't elicit on direct, that should be a no-no. Didn't open the door to cross-examination on these two witnesses, only the mother brought up the fact that he worshipped his wife!...
View Full Document

Ask a homework question - tutors are online