Evidence SHORT- Mueller- Fall 2005- Grade A

Evidence SHORT- Mueller- Fall 2005- Grade A - X's Short...

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X's Short Evidence Outline Scope of Direct- Cross is limited to matters explored on direct examination. -Accused does not have to testify, thus cannot go beyond the scope of direct. -Accused cannot use fifth amendment as shield against "reasonable" cros -You do not "vouch" for your witness. I.E. Any party may impeach. Keeping Evidence out or getting it in for review: The Objection and Offer of Proof. -The objection must state: TVGI: Timely, Valid Ground, Ground, Identify objectionable evidence. -If want to get the evidence in for possible review must make an offer of proof. Judge's Role: Mini-Hearings. -Most preliminary questions are for the court under 104(a) (more likely then not without the evidence) such as qualification of a witness, experts, privilege, and admissibility generally. -104(b) (Sufficient evidence to support a jury finding) questions the judge plays a screening role. i.e. authentication. Consequences of Evidential error. -Reversible if affected a substantial right. -If it was a constitutional error proponent must prove beyond a reasonable doubt the error was harmless due to broad discretion of sequencing (611) and discretion (403). -Judges are usually upheld if there is some other ground, though unmentioned below, which supports her action. -Appealer generally must show he made timely objection/proof and that it was reversible error (sometimes goes back down if made general objection and blatant error). Procedural pitfalls: -106 is that if "open the door" on a matter then the other side may get in evidence that ought in fairness to be included. -Interlocutory appeals generally not granted except for Privilege rulings or Suppression of Prosecutor's best evidence. Personal Knowledge almost always required!!!! Chapter 2: Relevance Standard: Judge alone decides 104(a) relevancy More probable or less probable than it would be without the evidence: Thus, standard likes admission SO LONG AS the evidence is of consequence to a issue. -Limits are 403. -Impeaching evidence is relevant cause rebuts, or impeaches credibility of opponent. -Old Chief: Offer to stipulate to evidence DOES NOT make the evidence irrelevant. -Evidence showing consciousness of guilt is generally found relevant to prove that the actor was involved in wrongful conduct. I.E. fleeing, resisting arrest, use of aliases, wearing a disguise, fabricating or destroying evidence, bribing a witness, threatening to
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kill a witness, escape, attempted suicide, making false exculpatory statements, refusing to comply with a lawful order, or similar identifying data. -Little weight and standing alone does not support a conviction. FRE 403:[CU MUC W] Judge may exclude relevant evidence on account of any DANGER of Unfair prejudice (inflame, misuse), Misleading the Jury, Confusion of the issues OR any CONSIDERATIONS OF undue delay, wast of time, or needless presentation of cumulative evidence.
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  • Fall '05
  • Mueller
  • Evidence law, witness, prosecutor

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