Category: evidence

  • Mean But Stupid

    Texas Rule of Evidence 404(b): Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith…. Rule 405: In all cases in which evidence of character or a trait of character of a person is admissible, […]

  • Sometimes the Texas Legislature Gets it Right

    Add this to the list of reasons that Texas is a better place to practice criminal defense law: Art. 38.075. Corroboration of Certain Testimony Required (a) A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant’s interest during a time […]

  • The Anthony Graves Retrial Pregame Show

    In Anthony Graves’s first trial, prosecutor Charles Sebesta had to cheat to win, hiding exculpatory evidence and eliciting perjured testimony (Graves v. Dretke, Fifth Circuit opinion, PDF on Scribd). Now, not only has the evidence that Sebesta suppressed in violation of Brady v. Maryland been revealed so that the next prosecutor trying the case can’t […]

  • Wayne Green’s First Rule of Evidence and of Appellate Practice

    You can generally count on the government to rule in favor of the government.