Results 1 to 6 of 6
  1. #1

    Default Allowable Extrinsic Evidence on Cross Examination

    My question involves criminal law for the state of: Indiana

    State will need to prove that a substance was in fact marijuana based solely on the testimony of a witness. Witness will state they know it was marijuana because that is what they believe. On cross examination of the witness, can the defense admit into evidence a baggie of substance, hand it to the witness and ask what it is? The baggie would contain smokable hemp, which is legal, specifically excluded from the definition of Marijuana in the criminal statute and indistinguishable from illegal marijuana without a laboratory test, the hemp would have the paperwork from supplier certifying what it is. Thanks!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Allowable Extrinsic Evidence on Cross Examination

    You need to keep it all in the same thread. Nobody wants to get fragments of context. Your friend needs a real attorney, not you.
    The identification of the contents isn't potentially necessary. If your friend told the witness that it contained marijuana, that evidence is admissible.
    Mounting a defense is not like throwing spaghetti at the wall and seeing what sticks.

    The culpability standard is beyond a reasonable doubt, not beyond all invented wild-ass supposition.

  3. #3

    Default Re: Allowable Extrinsic Evidence on Cross Examination

    I'll respectfully disagree with you on needing to keep it all in the same thread, I believe Extrinsic Evidence and Brady Material are two totally different topics of discussion and some may only read posts with topics of interest to them. I also didn't realize that topics from cases that have real attorney representation weren't proper for discussion here, I apologize. I appreciate your input but I would have appreciated it more if you actually attempted to answer the question.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,617

    Default Re: Allowable Extrinsic Evidence on Cross Examination

    Quote Quoting EasilyDistracted
    View Post
    My question involves criminal law for the state of: Indiana

    State will need to prove that a substance was in fact marijuana based solely on the testimony of a witness. Witness will state they know it was marijuana because that is what they believe. On cross examination of the witness, can the defense admit into evidence a baggie of substance, hand it to the witness and ask what it is? The baggie would contain smokable hemp, which is legal, specifically excluded from the definition of Marijuana in the criminal statute and indistinguishable from illegal marijuana without a laboratory test, the hemp would have the paperwork from supplier certifying what it is. Thanks!
    You'd have to get the stuff properly admitted, and that takes more than just showing a certificate from a lab that you purport is from testing what is in the bag you are presenting. I strongly recommend that you have an attorney represent you. Trying stunts like this can backfire. If you don't properly authenticate it, it will be excluded. And even if you properly authenticate it the witness may well answer that it is hemp and end up giving that witness even more credibility, not less. After all, the witness should figure that it cannot be marijuana because if you were in possession of marijuana in that court room you'd be breaking the law and you'd be a fool to do that in court.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Allowable Extrinsic Evidence on Cross Examination

    You can disagree all you want, but you're being antisocial. It's the same case, so you should keep it together (even if you think it should go in a different section with your follow up question). That's just the way the board works, and isn't open to "opinoin."

  6. #6
    Join Date
    Jul 2018
    Posts
    1,974

    Default Re: Allowable Extrinsic Evidence on Cross Examination

    This thread has nothing at all to do with extrinsic evidence.


    Quote Quoting EasilyDistracted
    View Post
    State will need to prove that a substance was in fact marijuana based solely on the testimony of a witness. Witness will state they know it was marijuana because that is what they believe.
    The second sentence here refers to "witness" (singular), but then you use a plural pronoun ("they"), so I'm not sure if you're talking about one person or multiple persons (or, perhaps, a person whose gender you don't know). In any event, one cannot "know" something simply by "believing" it to be the case. Such testimony would be entitled to no weight and would be subject to being stricken as baseless speculation.


    Quote Quoting EasilyDistracted
    View Post
    On cross examination of the witness, can the defense admit into evidence a baggie of substance, hand it to the witness and ask what it is?
    "The defense" cannot admit anything. Only the court can admit evidence. Depending on the specifics, the court might allow questioning along this line. Obviously, this is something for the defense attorney to consider and discuss with the court.

    1. Sponsored Links
       

Similar Threads

  1. What Questions Can I Ask a Custody Mediator During Cross Examination
    By McNeeds17 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-04-2017, 09:32 PM
  2. Legal Research: Cross Examination at a Mock Trial
    By DavidSantoro in forum Legal Practice
    Replies: 2
    Last Post: 12-09-2016, 08:07 AM
  3. Trials and Verdicts: How to Word Cross-Examination
    By mtwoman in forum Civil Procedure
    Replies: 2
    Last Post: 04-06-2015, 08:17 AM
  4. Civil Procedure Issues: How to Word Questioning in Cross Examination of Discrimination Hearing
    By mtwoman in forum Civil Procedure
    Replies: 1
    Last Post: 04-06-2015, 08:16 AM
  5. Discrimination: Pro Se Cross Examination at an Administrative Hearing
    By mtwoman in forum Employment and Labor
    Replies: 2
    Last Post: 03-31-2015, 06:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources