Evidence-Wellborn SU2006 Outline

A note in tx criminal cases at guilt stage of trial

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Unformatted text preview: im offered by the accused, or by the prosecution to rebut the same. Also allows for evidence of a character trait of peacefulness of the alleged victim offered by prosecution to rebut evidence that the alleged victim was the first aggressor. Does not apply in civil cases FRE 405: Methods of Proving Character a) Reputation or Opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination inquiry is allowable into relevant specific instances of conduct. a. Note: In TX criminal cases at guilt stage of trial concerning the character or character trait of an accused, witness must have been familiar with the reputation, or with the underlying facts or information upon which the opinion is based, prior to the day of the offense. b) Specific Instances of Conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct! Note on Character "in Issue": 4...
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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.

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