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Old 06-07-2005, 02:37 PM   #157
Sheriff Gonna Getcha
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Join Date: Feb 2004
Age: 47
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Re: Sean Taylor Charged with Aggravated Assault

PSU,

First, let me say that I agree with much of your post. Anything I didn't quote I agreed with. Second, let me say that even though I disagree with some of your post - it was thoughtful, articulate, and intelligent. But, the following is what I disagree with:


Quote:
Originally Posted by PSUSkinsFan21
Second, even if they did steal them, accusing ST of aggravated assault doesn't help them escape their own liability for stealing the ATVs, so I wouldn't be so sure that the court would allow a credibility challenge based on the alleged theft. As I'm sure you know, there would be a challenge to the relevance of that accusation by the prosecutor, and the court would have to decide if the probative value of the information regarding the alleged theft outweighs its prejudicial effect.
That Taylor's ATVs were stolen would come up in the trial (if there is one). It doesn't have to be brought up to overtly impeach the credibility of the victim - it is as likely to come up during the prosecutor's opening statements, direct examination or cross-examination of witness as it is for the defense. Moreover, assuming that the victims are the same people who shot at Taylor, that they allegedly shot at Taylor is going to impeach the credibility of the victims in the eyes of the jury.

Quote:
Originally Posted by PSUSkinsFan21
Furthermore, as you know (at least under the federal rules of evidence.....not sure about Florida), evidence of past crimes is only admissible if there was a conviction. Evidence related to specific instances of conduct (i.e. the alleged theft, to which no conviction has been obtained) are only admissible to the extent they challenge a witness's truthfulness or untruthfulness. The theft of the ATVs is unrelated to truthfulness because it has no bearing on whether the witness has a propensity to tell the truth.
Evidence of past crimes is admissible in many states even when there are no convictions....they're called "prior bad acts/crimes." Also evidence of prior crimes is admissible in many states for purposes other than impeachment (I'd be more than happy to cite some specific statutes if you really want me to).

Do you really think that the issue of the stolen ATVs wouldn't come up in trial? If so, I very much differ with you. The stolen ATVs go to Taylor's motive and are relevant to a defense Taylor might mount (I'd be happy to elaborate if you want me to).
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