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The Texas court held that Pointer could have cross-examined Phillips at the examining trial and chose not to. Considering the responsibility of a layperson like Pointer to carry out such a cross-examination without assistance, it further ruled that examining trials did not require counsel because they preceded indictment.
Similarly, courts in England, South Africa, Australia, and Canada allow a cross-examiner to exceed the scope of direct examination. Since a witness called by the opposing party is presumed to be hostile, leading questions are allowed on cross-examination. A witness called by a direct examiner, on the other hand, may only be treated as hostile ...
Beyond the scope: a question asked during cross-examination must be within the scope of direct, and so on. Calls for a conclusion: the question asks for an opinion rather than facts. Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts. Compound question: multiple questions asked together.
Donald Trump’s former fixer Michael Cohen goes back on the stand Thursday braced for another bruising day of cross-examination that is shaping up as the most crucial chapter in the first ...
But, if the defendant testifies, he or she cannot claim the privilege against self-incrimination with respect to cross-examination within the scope of the direct examination. [79] Similarly, the Clause "forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt."
(The Center Square) – Former Illinois House Speaker Michael Madigan has returned to the witness stand for additional cross-examination at the Everett McKinley Dirksen U.S. Courthouse in Chicago.
The right to confront and cross-examine witnesses also applies to physical evidence; the prosecution must present physical evidence to the jury, providing the defense ample opportunity to cross-examine its validity and meaning. Prosecution generally may not refer to evidence without first presenting it. In Hemphill v.
And 2025 holds promise for new programs in states like Texas, where school-choice advocates won s (The Center Square) – While many states expanded and adopted school choice programs in 2024 ...