Evidence-Wellborn SU2006 Outline

Seems impractical as a matter of trial preparation

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Unformatted text preview: hat: Sequestration means the prospective witnesses are instructed (through the lawyers) not to talk to anyone about the case or read anything about the case or conduct any investigations (like jurors). In Texas, the sequestration part is codified (this is what the judge must tell the witnesses don't talk to anyone except the attorney) However, attorney cannot use this right to circumvent "the rule" = TOWNER v. STATE [Sanctions when the Exclusion Rule is violated FRE 615] Facts: D is convicted of stealing stolen goods Not disputed that there were these stolen goods and that they were in his house. But D claims that the goods appeared miraculously and says "my wife told me that she had bought them free and clear." Procedural Posture: D's sister and D's father testify that the wife told them the same thing not hearsay, because it's not being offered towards the truth of the matter, (we know she didn't buy these things, know it isn't true) it's relevant because if she said those things to them independently therefore it is more likely that she said those things to her husband. Appellant's attorney was informed by the court that Mr. Towner and Gloria Towner had been seen in the courtroom during appellant's te...
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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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