Evidence-Wellborn SU2006 Outline

O rehabilitation allowed if witness a is attacked

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Unformatted text preview: vestigation etc. NOT PERMISSIBLE TO IMPEACH JURY VERDICT!) o Doesn't matter if a juror says I considered information brought in by another juror who did her own testimony...not admissible. Thought to be cloudy, where as outside influence (bribe by a party for instance) is not cloudy. Here we are dealing with a product liability case. Jury found defect but not causation. And then post verdict it comes out, that one of the jurors owned an identical stove, and that she told the jury about her experience with the stove (that in order to get it to light, you had to have the door open which was an arguable factor in this accident) and second she told them about the contents of the owner's manual. o Owner's manual had been excluded from evidence because she never read it (couldn't argue failure to warn etc. because she never looked at it). o The ban on juror testimony continues to apply to further testimony by that juror about what effect the influence or information had on anyone's deliberation. You admit into evidence, if you make out the exception, what extraneous evidence was received, but t...
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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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