Evidence-Wellborn SU2006 Outline

O offering evidence that contradicts a witness

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Unformatted text preview: ight, memory, hearing etc. UNITED STATES v. LINDSTROM [Impeaching the Witness Capacity] Facts/Procedural Posture: Slater and Lindstrom appeal convictions and sentences for mail fraud and conspiracy to commit fraud. Center of the defense is impeaching the witness who describes the mail fraud and conspiracy. Defense has a bunch of information on her: o 1971 hospitalized following a serious suicide attempt o 1977 offered $3,000 to patient to murder the wife of her mother. o 1978 involuntarily committed after taking an overdose of drugs o 1980 arrested and charged with aggravated assault etc. etc. o Basically sounds like personality disorder untreatable!! In the face of all of this rather damning history the judge severely restricts the defense questioning...can only ask two or three questions to imply that she's had some problems in the past but that's it! Did not allow use of all these past events to impeach the witness. Issue: Were the psychiatric issues of the fact witness, "collateral" so that extrinsic evidence could not be brought in w/ respect to these psychiatric issues? Holding: Eviden...
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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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