or adverse witness
in advance of trial, (39) and no opportunity ever to
For example, if you can get an adverse witness
to state that his or her opinion was based on a particular assumption, and your own witness is prepared to explain why the assumption is wrong, you probably do not want to ask the adverse witness
to admit that his or her opinion must be changed.
47) Pointer therefore claimed that when the court admitted the testimony, it denied him his constitutional right to confront the adverse witness
ISSUE: Generally, every circumstance relating to the direct testimony of an adverse witness
of relating to anything within his or her knowledge is a proper subject for cross-examination, including any matter which might qualify or diminish the impact of direct examination.
As one noted commentator has stated, "[I]t is an almost impossible task to effectively cross-examine an adverse witness
without knowing that witness' name, background, habitual residence, or whereabouts at the time of the events to which he or she testifies.