Evidence-Wellborn SU2006 Outline

O judge says since there wasnt a transcript it wasnt

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Unformatted text preview: hat is being excluded is a document you just need to make sure that it is in the clerk's record. If it is oral testimony, you need to get in the record what has been excluded (offer of proof), so that the appellate court can determine one thing: Should it have been admitted? Was the exclusion harmful? Two ways to do this: Formal attorney offer "Let the record show...." works if everyone is cool with it Formal question and answer format: Better. If it is important....get it in the witnesses words o Court may order that it be in question and answer form FRE o Texas if any party requests the court SHALL have it be in question and answer form o IF it's the opponent they might want to insist on it because the attorney's description might be optimistic. Frequently offers of proof are done during breaks (because don't want the jury to hear it). Just the reporters, judge and the attorneys in chambers. PADILLA v. STATE [Objections and Motions to Strike Offers of Proof (When evidence is excluded) FRE 103(a)(2), (b)] Facts/Procedural Posture: At an impeachment hearing, appellant tried to get in a tape recording...
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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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