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Texas Evidence

A Timeline of Michael Morton’s Exoneration

November 1, 2013September 26, 2013 by Benson Varghese

 

 

Michael Morton Exoneration

Categories News
Providing Electronic Proof of Insurance is not Consenting to Search
Proper and Improper Jury Commitment Questions

Table of Contents

Article I. General Provisions

  1. Title & Scope
  2. Purpose and Construction
  3. Rulings on Evidence
  4. Preliminary Questions
  5. Limited Admissibility
  6. Remainder of or Related Writings or Recorded Statements
  7. Rule of Optional Completeness

Article II. Judicial Notice

  1. Judicial Notice of Adjudicative Facts
  2. Determination of Law of Other States
  3. Determination of the Laws of Foreign Countries
  4. Determination of Texas City and County Ordinances, the Contents of the Texas Register, and the Rules of Agencies Published in the Administrative Code

Article III. Presumptions

  • No rules adopted at this time.

Article IV. Relevancy and Its Limits

  1. Definition of "Relevant Evidence"
  2. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
  3. Exclusion of Relevant Evidence on Special Grounds
  4. Character Evidence Not Admissible to Prove Conduct; Exceptions; other Crimes
  5. Methods of Proving Character
  6. Habit; Routine Practice
  7. Subsequent Remedial Measures; Notification of Defect
  8. Compromise and Offers to Compromise
  9. Payment of Medical and Similar Expenses
  10. Inadmissibility of Pleas, Plea Discussions and Related Statements
  11. Liability Insurance
  12. Evidence of Previous Sexual Conduct in Criminal Cases - updated - effective January 1, 2007

Article V. Privileges

  1. Privileges Recognized Only as Provided
  2. Required Reports Privileged by Statute
  3. Lawyer-Client Privileges
  4. Husband-Wife Privileges - updated - effective January 1, 2007
  5. Communications to Members of the Clergy
  6. Political Vote
  7. Trade Secrets
  8. Identity of Informer
  9. Physician-Patient Privilege
  10. Confidentiality of Mental Health Information in Civil Cases
  11. Waiver of Privilege by Voluntary Disclosure
  12. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege
  13. Comment Upon or Inference from Claim of Privilege; Instruction

Article VI. Witnesses

  1. Competency and Incompetency of Witnesses
  2. Lack of Personal Knowledge
  3. Oath or Affirmation
  4. Interpreters
  5. Competency of Judge as a Witness
  6. Competency of Juror as a Witness
  7. Whom May Impeach
  8. Evidence of Character and Conduct of a Witness
  9. Impeachment by Evidence of Conviction of Crime
  10. Religious Beliefs or Opinions
  11. Mode and Order of Interrogation and Presentation
  12. Writing Used to Refresh Memory
  13. Prior Statements of Witnesses: Impeachment and Support
  14. Exclusion of Witnesses
  15. Production of Statements of Witnesses in Criminal Cases

Article VII. Opinions and Expert Testimony

  1. Opinion Testimony by Lay Witnesses
  2. Testimony by Experts
  3. Bases of Opinion Testimony by Experts
  4. Opinion of Ultimate Issue
  5. Disclosure of Facts or Data Underlying Expert Opinion
  6. Audit in Civil Cases

Article VIII. Hearsay

  1. Definitions
  2. Hearsay Rule
  3. Hearsay Exceptions; Availability of Declarant Immaterial
  4. Hearsay Exceptions; Declarant Unavailable
  5. Hearsay Within Hearsay
  6. Attacking and Supporting Credibility of Declarant

Article IX. Authentication and Identification

  1. Requirement of Authentication or Identification
  2. Self-Authentication
  3. Subscribing Witness' Testimony Unnecessary

Article X. Contents of Writings, Recording and Photographs

  1. Definitions
  2. Requirement of Originals
  3. Admissibility of Duplicates
  4. Admissibility of Other Evidence of Contents
  5. Public Records
  6. Summaries
  7. Testimony or Written Admission of Party
  8. Functions of Court and Jury
  9. Translation of Foreign Language Documents

About the Author

This site is maintained by Benson Varghese. Benson is the Managing Partner of Varghese Summersett PLLC, a criminal defense firm with its principal office in Fort Worth, Texas.

Benson Varghese graduated with a B.B.A. from Southern Methodist University. While in law school at Texas Tech, he ran a nationally-syndicated blog and his articles have been featured in the Wall Street Journal Blog, the ABA Journal Blog, Above the Law, and many other publications. Benson was also an editor for the Estate Planning & Community Property Law Journal as well as the Texas Bank Lawyer.

After graduating from law school, Benson joined the Tarrant County District Attorney’s Office before starting his own practice that today is the largest criminal defense firm in Fort Worth.

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