Legal Opinion
Howard Lipinski v. People of the State of New York
Court of Appeals for the Second Circuit
Decided March 28, 1977No. 826, Docket 76-2154PublishedCited by 22 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
The hoary rule of evidence that prevents a party from impeaching his own witness has plagued scholars for over fifty years. The consensus of modern commentators is forcefully expressed by Professor Morgan: “the general prohibition, if it ever had any basis in reason, has no place in any rational system of investigation in modern society.” 1
Nevertheless, many states continue to adhere to the traditional rule, at least in some form. See 3A Wigmore on Evidence §§ 896-906 (Chadbourne ed. 1970). The State of New York provides by statute that a party in a criminal…
2Cases cited8 opinions
- Chambers v. MississippiSupreme Court of the United States · 1973
- United States v. John FreemanCourt of Appeals for the Second Circuit · 1962
- Johnson v. Baltimore & O. R. Co.Court of Appeals for the Third Circuit · 1954
- Ernest Welcome v. Leon J. Vincent, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1977
- Gary Maness v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. GrahamSupreme Court of Connecticut · 1986
- Carol Taylor v. Phyllis CurryCourt of Appeals for the Second Circuit · 1983
- Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1986
- Russeau v. StateCourt of Criminal Appeals of Texas · 1990
- Foster v. StateCourt of Appeals of Maryland · 1983
17 more not listed; retrieve them via the Exa API.