Evidence-Wellborn SU2006 Outline

E when the victim is dead o note even in assault

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Unformatted text preview: s likely to testify, prosecution can offer rebuttal evidence of the victim's testimony. o In Assault, only character evidence as such will open the door to "peaceable" Homicide there are two things that can open the door for rebuttal evidence: Victim's testimony, or any assertion by the defense of self-defense. o Any assertion of self-defense will do it...(because the victim is there in one case, there to testify, and not in the other) o Only going to resort to character to prove conduct when absolutely necessary (i.e. when the victim is dead). o Note: Even in assault cases where the victim isn't able to testify this rule has not been altered to let the prosecution bring in any evidence of character of the victim once the defense claims self-defense. Problem in Carino arises because 404(a)(2) is limited by 405 when we get into method of proving character 405 unless character is an element of something, you can only use reputation or opinion argument that the state is making But court correctly says the manslaughter evidence is not coming in under 404(a)...
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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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