Evidence-Wellborn SU2006 Outline

O surprise and harm are not required weird note

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Unformatted text preview: Remember this is limited because it is a collateral matter!! Hypo: D killed someone in the bar by smashing a pepsi bottle over his head. Defense is that it was in self defense. Isn't it true that it was a coke bottle? Not a pepsi bottle? "NO I am sure it was a coke bottle." Prosecution brings in evidence that he hit him with a pespi bottle admissible because each side is allowed to tell his or her own version of the case, admissible because it goes to the facts of the case! o Would be admissible independent of the fact that it impeaches D's testimony! Impeaching One's Own Witness FRE 607 FRE 607: Who May Impeach. The credibility of a witness may be attacked by any party, including the party calling the witness. Abandons the common-law voucher rule which barred a party from impeaching its own witness. Complications arise however, when a party attempts to impeach its own witness with evidence that would otherwise be inadmissible. Ex: Attempting to impeach a witness with his prior incons...
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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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