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I tried to look this up every possible way I could, but could not come up with an answer. Does anyone know if a court has ever specifically said how much time is a reasonable opportunity to review a witness statement pursuant to Gaskin? Seeing how many harmless error cases there are regarding other Gaskin situations I think it can't be much. Just can't find any answer. Any thoughts?
 
Posts: 120 | Location: Chambers County Texas | Registered: March 03, 2003Reply With QuoteReport This Post
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The Gaskin rule provides that when a State's witness has made a report or has given a statement prior to testifying, the defendant, after a timely request, is entitled to inspect and use such prior available report or statement for cross-examination and impeachment purposes, even though the witness may not have used the instrument to refresh his memory. Gaskin v. State, 172 Tex.Crim. 7, 353 S.W.2d 467 (1961).

Really, you are reaching back to a 1961 case (before the adoption of the Rules of Evidence)?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Our courts routinely refer to this case as well. They grant discovery motions "as per Gaskin." But then noone seems to be especially clear on just exactly what that means.

How could reasonable time be any longer than it takes to read it? Or view it?
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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