Section 11.8 Impeachment Character Evidence

• Library: Evidence 2017

IV. (§11.8) Impeachment Character Evidence

The third exception to the rule barring the admission of character evidence is the most common exception to the rule—the right to impeach a witness’s credibility using character evidence. Character evidence is admissible to impeach any witness in any lawsuit, whether civil or criminal. See Haynam v. Laclede Elec. Coop., Inc., 827 S.W.2d 200, 205 (Mo. banc 1992) (citing State v. Thompson, 299 S.W.2d 468, 473 (Mo. 1957)). Some of the more common forms of permissible impeachment of a witness include:

· evidence showing the witness’s incapacity or problems with his or her memory or ability to perceive;

· evidence of prior convictions;

· evidence of the witness’s bias, interest, or prejudice;

· prior inconsistent statements of the witness; and

· evidence of the witness’s character for truthfulness and veracity.

See Lagud v. Kansas City Bd. of Police Comm’rs, 136 S.W.3d 786, 793 (Mo. banc 2004) (counsel entitled to cross-examine witness about his drug use because evidence of drug use was relevant to witness’s ability to perceive an event); see also:

· State v. Holden, 278 S.W.3d 674, 681 (Mo. banc 2009) (cross-examination related to prior convictions permissible even if conviction did not involve similar facts)

· Newell Rubbermaid, Inc. v. Efficient Solutions, Inc., 252 S.W.3d 164, 171 (Mo. App. E.D. 2007) (after defendant presented testimony of former employee adverse to plaintiff, plaintiff was entitled to cross-examine former employee about his termination for sexual harassment, and when he denied it, plaintiff was entitled to present testimony of his former supervisor to describe the events...