Wednesday, July 20, 2016

Did you ever hear the story about the chicken?

 OK. If I understand KRE 608 correctly, this is how it works:

Question: Do you have an opinion about the defendant's truthfulness? KRE 608(a)(1)

Answer: Yes I do.

Question: What is your opinion about the defendant's truthfulness?

Answer:  I believe the defendant is very truthful.


Cross exam: On direct you expressed your opinion that the defendant was truthful.

 Answer: Yes.

Cross exam: Did you ever hear about the incident with the defendant and the chicken? KRE 608(b)

-- Objection, your Honor. Foundation.

-- I have an affidavit right here, your Honor, that explains all about that chicken. May I approach? (Hands paper to judge. Judge reads and frowns. The defendant's dog killed a neighbor's chicken. When the neighbor asked the defendant to pay for his chicken, the defendant falsely insisted his dog had been at the vet for two days, but he had been caught in the lie.)

Alternate ending #1

--  Objection overruled. Proceed.

Answer: No. I don't know anything about any chicken. What chicken?

Alternate ending #2

--  Objection sustained. Proceed

 Question: OK. Did you ever hear about the incident with the defendant and the pig?

This is bound to have have a bad effect on the jury. Chickens? Pigs? What type of pervert is this? 


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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