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Washington v. Texas, 388 U.S. 14 (1967), is a United States Supreme Court case in which the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution (guaranteeing the right of a criminal defendant to force the attendance of witnesses for their side) is applicable in state courts as well as federal courts. [1]
Direct examination is the questioning of a witness by the lawyer/side/party that called such witness in a trial. Direct examination is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense. In direct examination, one is generally prohibited from asking leading questions ...
Leading questions may also be permitted on direct examination when a witness requires special handling, for example a child. However, the court must take care to be sure that the examining attorney is not coaching the witness through leading questions. Courts may also cite the various editions of McCormick's and Wigmore's treatises on evidence ...
Pointer v. Texas, 380 U.S. 400 (1965), was a decision by the United States Supreme Court involving the application of the right of to confront accusers in state court proceedings.
Witnesses are sworn in by their team's bailiff/timekeeper. A student competitor attorney for the prosecution/plaintiff does a direct examination of the witness. Once the direct examination is complete, the opposing team may cross-examine the witness. After the cross-examination, if the first team chooses, they may re-direct the witness.
For example, the opponent might elicit on cross-examination an admission that the witness did not directly perceive every single part of the events at issue; the proponent will attempt on redirect to establish that the witness perceived enough of those events that the finder of fact can draw reasonable inferences as to the gaps where the ...
The Art of Cross-Examination is a classic text for trial attorneys and law students on how to cross-examine witnesses. Written by American attorney Francis L. Wellman, the book was first published in 1903 by The Macmillan Company , and was still in print more than 100 years later.
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...