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Seems obvious that I can ask a defendant about every bad thing he's every done when he decides to take the stand(some restrictions). However, I have a Judge that knows nothing about criminal procedure, and a ridiculous objection and argument from D counsel will freak the Judge out. Any cases or statutes come to mind?

Thanks
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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Matt, without knowing what priors your defendant has, 1) look at TRE 404 - if his priors are similar to the crime currently charged.
2) look at TRE 607 & 609 - if he's got prior convictions that aren't similar to the current crime.
TRE 608(b) says you cant use specific instances of conduct (other than conviction) to attack or support credibility on cross exam.

You can find case law by plugging in these rules into the westlaw or lexis search engines.

Remember to give notice under these rules if the defense asks for it before trial. Hope this helps.
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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