Epstein Secrets

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

ruthfully at trial, or to maintain a clear recollection in the meantime." (cleaned up)). Indeed, the First Circuit in a case cited favorably both by the Second Circuit and by the Defense concluded that there was an inadequate link between borderline personality disorder and a witness's credibility. United States v

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

ruthfully at trial, or to maintain a clear recollection in the meantime." (cleaned up)). Indeed, the First Circuit in a case cited favorably both by the Second Circuit and by the Defense concluded that there was an inadequate link between borderline personality disorder and a witness's credibility. United States v

d- missible only to show a state of mind, the exclusionary hearsay rule is quite ir- relevant. McCormick, Evidence, § 228, at pp. 465-467 (1954); 6 Wigmore, Evidence, §§ 1766, 1770, 1772, and 1789 (3rd ed. 1940). It might be added that, even if all of the testimony to which this objection has been ma

. Nathan FLEISCHER, Petitioner, COMMISSIONER OF INTERNAL REV- ENUE, Respondent Nos. 219-220, Dockets 31638-91639. United States Court of Appeals Second Circuit. Argued April 9, 1968. Deckled Oct. 31, 1968. Proceedings on petition for review of decision and order of Tax Court that taxpayer's deductions f

to exist. With isthmian exceptions not pertinent here, the presence of third parties is sufficient to undermine the needed confidentiality. See 8 Wigmore, supra § 2311, at 601-03 & nn. 6-8 (collecting cases). So here: XYZ knew that third parties-representatives of Smallco- were participating in the

. Florida Bar No. 0042201 23 EFTA00177962 Page I of 55 Westlaw Page I 531 F.3d 197 (Cite as: 531 F.3d 197) United States Court of Appeals, Second Circuit. UNITED STATES America, Appellee, Donald FELL, Defendant-Appellant. Docket No. 06-2882-cr. Argued: June 27, 2007. Decided: June 27, 2008. Back