Evidence-Wellborn SU2006 Outline

Opened the door to the safety and security of chains

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Unformatted text preview: elates not only to actual possibility of operation, and its cost and convenience, but also to its ultimate utility and success in its intended performance. Feasible means not only possible, but also means capable of being utilized or dealt with successfully." For the D to suggest that installation of peep holes and chain locks would provide a false sense of security not only infers that the devices would not successfully provide security, it also infers that the devices would in fact create a lesser level of security if they were installed. With this testimony the D's controverted the feasibility of the installation of these devices, because the D Malloy in effect testified that these devices were not "capable of being utilized or dealt with successfully." Notes: Defendant got into trouble when he used that phrase "false security"....opened the door to the safety and security of chains and peepholes o Should have just said, we used due care, we followed the experts..they didn't say chains, they didn't say peepholes! o But he screwed up when he said...
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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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