To: Free State Four
What will likely save this from reversal is the fact that is was brought out on cross-examination. The purpose of the evidence disclosure rule is to share evidence to be used by prosecutors to prove their case. Here, the prosecutors were not relying on the evidence to prove their case, it came up when the defense lawyers were trying to discredit her story. Serves them right.
To: Boatlawyer
--it came up when the defense lawyers were trying to discredit her story. Serves them right.--
Exactly, the prosecution wasn't going to use it, but the defense opened the door, it's their fault its out there.
To: Boatlawyer
Around here they call that "opening the door" . . . as in, "Whoopsie, Mr. Defense Counsel, we know the court granted a motion in limine regarding the prior criminal record of your client, but when you asked him about that prior arrest, you opened the door." Also known as, "Never ask a question you don't know the answer to." Defense counsel sometimes get a little overenthusiastic on cross, and as you say, "Serves them right."
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