Tuesday, July 19, 2016

A snippet

When a witness testifies to the good character of a party, he may be asked if he has not heard that the party had done this or that; but proof may not be made by other witnesses in rebuttal that the party had done the things in question.
Etherton v. Commonwealth, 246 Ky. 553, 55 S.W.2d 343, 347 (1932).

KRE 405
(a) *** 
(b) Inquiry on cross-examination. On cross-examination of a character witness, it is proper to inquire if the witness has heard of or knows about relevant specific instances of conduct. However, no specific instance of conduct may be the subject of inquiry under this provision unless the cross-examiner has a factual basis for the subject matter of the inquiry.
(c) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct.

See also:
Baze v. Commonwealth, 965 SW 2d 817, (Ky 1997)
Purcell v. Commonwealth, 149 SW 3d 382, (Ky 2004)


Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

A division of Accountable Kentucky Incorporated
a Kentucky Non-profit corporation

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This is not legal advice and I am not a lawyer.

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