Evidence-Wellborn SU2006 Outline

More than 10 years old bars use of a conviction if

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Unformatted text preview: where the witness is coming from! Bias overrides pretty much anything because it is SO probative!!! Federal rules contain no rules on bias or interest: Wellborn infers that this is taken care of by Rule 402 since a witness's bias or interest is relevant, and rule 402 says relevant evidence is admissible unless there is a reason not to admit it. Bias in Texas Rules: Included in 613 Requires that the impeached witness be directed to time, place, and persons involved in the situation indicating bias. Must ask the witness to admit or deny the facts that would show bias! If the witness unequivocally admits the facts, that's it! o Federal courts have had to resort to analogy in these cases where the witness admits the facts.... If witness doesn't have opportunity to explain or deny, you can't bring in extrinsic evidence to prove the statement. Character for Truthfulness Rules in Article 6 that deal with Character (608 609) deal with character offered circumstantially to wit: The witness is by NA...
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