Notice of Intent to Impeach a Witness Case In Texas
Not calling a witness after receiving notice of intent to impeach:
In Johnson v. State, 885 S.W.2d 578 (Tex. App.-Dallas 1994, no pet.) the State announced its intention to impeach the witness the day trial began, and two days before the witness testified. Id. at 581.
Once notified of the State's intent, Johnson limited the direct examination of one witness and chose not to call another witness. Id.
The trial court held a hearing and specifically found that appellant was given a "fair opportunity to contest the use of such evidence." Id.
Johnson did not dispute the trial court's finding. Id.
Rule 609(f) precludes the use of prior convictions against a witness if the proponent of such evidence fails to give advance written notice of intent to use such evidence when the opponent has made a timely, written request specifying the particular witness the proponent wishes to impeach. See Bryant v. State, 997 S.W.2d 673, 677 (Tex. App.-Texarkana 1999, no pet.); Harper v. State, 930 S.W.2d 625, 631 (Tex. App.-Houston [1st Dist.] 1996, no pet.); Brown v. State, 880 S.W.2d 249, 251 (Tex. App.-El Paso 1994, no pet.).