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In a DWI case (Rx drugs only), Defendant had "worked" earlier in the evening operating a photo booth for a wedding at a local event venue. I say "worked" because the venue manager tells me he was "a disaster" and was "obviously messed up." The manager had met the D at an earlier date, along with the bride, to hire him for the event. At that time, manager says he was "perfectly normal."

Can I call the manager as a witness? Are there any potential pitfalls? I'm thinking it would be similar to getting testimony from patrons at a bar? Thanks for your input!


Arron P. Swink
Assistant County Attorney
Cherokee County, Texas
903.683.2423
apswink@cocherokee.org
 
Posts: 38 | Location: Rusk, Texas  | Registered: January 26, 2017Reply With QuoteReport This Post
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I don't see why not. Of course defendants call witnesses all the time to explain their injuries or ailments. Usually that's one of the main points of controversy in a case like this, and the hardest one for the state to overcome.
 
Posts: 25 | Registered: December 05, 2016Reply With QuoteReport This Post
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This sounds like fantastic evidence! How'd it play out?
 
Posts: 42 | Location: Brenham | Registered: March 24, 2010Reply With QuoteReport This Post
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Got it in. Her testimony was fantastic. However, juries don't understand prescription drugs and/or just don't want to convict when they themselves are on them. Result: not guilty.
 
Posts: 38 | Location: Rusk, Texas  | Registered: January 26, 2017Reply With QuoteReport This Post
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