can the testimony of an officer be impea
Posted 12 April 2012 - 08:43 AM
Posted 12 April 2012 - 09:12 AM
not really clear what you mean when you say you are "going through the process of" an 18 year old case.
Can he rely on his arrest report only or does he have to remember?
His arrest report can be used to refresh his recollection. See Section 906.12 of the Wisconsin Statutes (https://docs.legis.w...statutes/906/12).
Can his testimony be thrown out and so too the arrest?
I'm still a little unclear why/how an 18 year old case could be going to trial now, but his testimony won't be "thrown out" simply because it was based on a refreshed recollection.
What is the law regarding testimony?
Care to be a bit less vague here?
Am I correct in assuming that the witness must remember and be fit?
what is the state of Wisconsin law and the federal law if any regarding witness testimony?
There is no "federal law" that is applicable here. The Federal Rules of Evidence are not applicable in a state criminal matter.
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