On direct examination, neither party can testify as to specific instances of misconduct to show truthfulness or untruthfulness. However, 608(b) states “…[b]ut the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2)…
Here, we are dealing with a 35 year-old allegation of sexual misconduct for which no physical evidence would be present due to the age of the case and the nature of the allegation. Additionally, Kavanaugh has not stated that he and Ford engaged in criminal activity, so (B) is out. …
Rule 613(b) states that “(b) …[e]xtrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires…” Thus, the…
The central piece of evidence in this case is Professor Ford’s testimony. She has previously discussed her experience with a therapist, whose notes are different from her recent statements. So, on cross examination, assuming she testifies similar to her recent statements, she would be confronted with the contradictions in her…
The last-minute presentation of sexual assault evidence against Judge Brett Kavanaugh has put his Supreme Court nomination limbo. Judge Kavanaugh was not my first choice, of those on the Trump list, but I see problems on both sides of the accusation. Sexual assault cases can be the most difficult to…
Under the affirmative defenses, you can YouTube/Napster/whatever music all day long apparently and be okay under this statute. Although, this is not advised. You may also GPS your directions, report illegal activity or report an emergency, not by calling 911, but apparently texting or emailing them or another person. You…
Six years ago, Texas Governor Rick Perry vetoed a ban on texting while driving as an affront to personal liberty. This year, a Republican legislature and Republican governor said that personal liberty needs to be curtailed in the sake of their view of public safety. As of September 1, 2017,…
Under Sec. 22.08 of the Penal Code, is it a crime to aid another in suicide. That crime is defined as “(a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit…
This begs the question, how could encouragement alone ever be the but for of another person actually killing himself? A jury would have to find that but for Ms. Carter’s conduct, the deceased would not have killed himself. Then, the state would have to show also that the concurrent cause…
Emotions ran high last week as Michelle Carter was sentenced to prison under Massachusetts’ manslaughter law for encouraging her boyfriend to kill himself, which he did. Under the apparent facts of the case, she overcame with words her boyfriend’s reluctance to kill himself due to her crazed need for attention. …