Epstein Secrets

(B); see In re Agent Orange Prod. Liab. Litig., 611 F. Supp. 1223, 1245-46 (E.D.N.Y. 1985), aff'd sub nom., 818 F.2d 187 (2d Cir. 1987) (Weinstein, C.J.).' But without additional detail from the Defense on which portions of Dr. Hall's testimony it would seek to admit under this exception, the Court c

s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication

(B); see In re Agent Orange Prod. Liab. Litig., 611 F. Supp. 1223, 1245-46 (E.D.N.Y. 1985), aff'd sub nom., 818 F.2d 187 (2d Cir. 1987) (Weinstein, C.J.).' But without additional detail from the Defense on which portions of Dr. Hall's testimony it would seek to admit under this exception, the Court c

s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication

(B); see In re Agent Orange Prod. Liab. Litig., 611 F. Supp. 1223, 1245-46 (E.D.N.Y. 1985), aff'd sub nom., 818 F.2d 187 (2d Cir. 1987) (Weinstein, C.J.).' But without additional detail from the Defense on which portions of Dr. Hall's testimony it would seek to admit under this exception, the Court c

s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication