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2. Charachter/conduct

State v. Roberto Vargas Rodriguez, 2006 WI App 163, PFR filed 8/28/06 For Rodriguez: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶35      … Rule 906.08(2) permits the cross-examination of a witness about “extrinsic” matters, “if probative of truthfulness or untruthfulness.” Certainly, lying on direct-examination, and repeating the lie on cross-examination, is “probative of truthfulness.” Moreover, Rodriguez… Read More

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State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue: Whether evidence that the defendant committed a burglary at the age of 13 was admissible as extrinsic evidence to impeach his testimonial denial, on cross-examination, of intent to steal. Holding: § 906.08(2) expressly prohibits using extrinsic evidence of specific instances of conduct… Read More

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Character — Extrinsic Proof, § 906.08(2)

State v. Troy D. Moore, 2002 WI App 245 For Moore: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: Extrinsic evidence offered by the state solely to bolster a witness’s credibility, by showing that he had provided reliable information leading to the arrests of other drug dealers, violated § 906.08(2). ¶15. (Note: the court holds open the question… Read More

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State v. Juan Eugenio, 219 Wis.2d 391, 579 N.W.2d 642 (1998), affirming State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997) For Eugenio: Eduardo M. Borda Issue: Whether the defense engaged in attacks on the complainant’s character for truthfulness so as to open the door to opinion testimony that she was truthful. Holding: § 906.08 supports… Read More

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