Michael v. State

235 S.W.3d 723 (2007)

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Michael v. State

Texas Court of Criminal Appeals
235 S.W.3d 723 (2007)

Sean Carroll headshot
  • Written by Sean Carroll, JD

Facts

Eric Michael (defendant) was charged with sexual abuse of H.F., a minor. H.F. testified at trial. On cross-examination, Michael pointed out several inconsistencies between H.F.’s trial testimony and her statements in an interview recorded prior to trial. On rebuttal, the prosecution (plaintiff) called Stacy Turner, H.F.’s former teacher and babysitter, as a witness. Turner sought to testify about her opinion of H.F.’s character for truthfulness. Michael objected, arguing that Turner’s rehabilitation testimony was improper because H.F.’s credibility had not been attacked. The trial court overruled the objection, ruling that the impeachment with prior inconsistent statements attacked H.F.’s character for truthfulness, allowing rehabilitation testimony. Michael was convicted, and the court of appeals affirmed. Michael appealed.

Rule of Law

Issue

Holding and Reasoning (Womack, J.)

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Casebooks

Evidence

Key Terms

  • Character EvidenceEvidence introduced for the purpose of demonstrating that a person’s character increased the likelihood that the person acted in a particular fashion.
  • Impeachment of a WitnessThe questioning or discrediting of a witness's veracity or reliability. Any party may impeach any witness, including a witness the party has called.
  • Federal Rule of Evidence 608(a)Provides for the admission of testimony regarding a witness’s reputation of having a character for truthfulness or untruthfulness. Also provides for admission of opinion testimony regarding the witness's character for truthfulness or untruthfulness. However, testimony regarding a witness’s truthful character is only admissible if the witness’s character for truthfulness has been attacked.
  • RehabilitationOne of the goals of criminal punishment, involving therapy or training to help and educate someone who committed a crime. In evidence, rehabilitation is a method by which a party to a trial overcomes the impeachment of the party's witness during cross-examination.

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