Statutory Evidence Rules
a) Communications of Sympathy
i) can’t offer condolences as evidence of guilt of person saying “sorry”
ii) unless:
(1) stmt re negligence or culpable conduct re accident/event is A to prove liability
(2) this includes excited utterances but that would seldom if ever happen b/c would always be an ABPO
b) Remarriage & Wrongful Death Beneficiary
i) can intro E of actual marriage
ii) but not:
(1) c/L marriage
(2) extramarital relationship or
(3) marital prospects of surviving spouse
iii) one case says you can’t even use this to impeach but this case is wrong and you should argue as much
c) Safety Belts
d) Sobriety Tests
e) Comments on Weight of Evidence
i) Tex:
(1) Common when the judge rules on objections; you must object right then to preserve your error. Then ask for comment to be stricken and get a jury instruction to disregard.
(2) Reversible error? Usually an instruction to the jury is sufficient to cure any error – would have to be pretty egregious to have reversible error.
ii) Fed: no rule on comments so has to be really bad; can’t become an advocate or show bias
f) Retention of Attorney
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