Cxp Publishing Inc C.M.I.E. v. B.A.D. Oil Co B’C., 908 F.
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2d 736 (11th Cir. 1990). B. Procedural History Roberts contends that the trial court erred by granting the request to introduce relevant evidence in rebuttal for the purpose of 6 Roberts also contends that the trial court improperly permitted the State to introduce testimony regarding the state’s evidence addressing this issue. 7 The record contains no support for the proposition that the state could introduce evidence regarding the quality of the chips used at the hospital, the number of processors of the boxes to which the box was connected, and the cost actually caused to the company by the fact that the boxes were connected to the actual floor. The trial court properly permitted the State to introduce evidence concerning this matter. 8 relinquishing the state’s evidence at trial. Under this doctrine, a trial court should not rely on the State’s request for probated discovery to hold that “an offer-by-offer[ion] for testimonial proof of, rather than proof of, independent knowledge is insufficient.” Id. at 738.
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In this case, Roberts objected to this motion under the burden-showing standard rather than under Rule 12(c) of the Rules of Evidence. Therefore, at most, the state was required to produce its evidence on redirect examination, rebuttal, or request for declaratory relief on appeal. Given this type of evidence, an accused is capable of proving independent knowledge, and, thus, will be able to “accept an offer-by-offer instruction for testimonial proof of, rather than proof of independent knowledge.” Rodgers v. State, 817 S.W.2d 858, 862 (Tex. App.—Austin 1991, no pet.).
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1. Roberts’ Opposition to The State’s Motion Roberts contends that the state’s application of the burden-shifting standard was error because: (1) the indictment was alleged to show knowledge of the relevant conduct, (2) the charge was predicated solely on Roberts’ claim to have committed a lesser-included offense charged than the one at issue on appeal, and (3) the defendant used a cops-and-policies instruction that contradicted its allegations. Roberts contends that he could have provided testimony at his preliminary hearing requesting instruction on the questions concerning the quantity of drugs and the prices charged. At rs. 32, the trial court granted the request to introduce Roberts’ response to the defense’s instruction hearing. The trial court ordered a limiting instruction on the question of the amount of drugs and the price charged. The court then excused Roberts’ objection to introduction of the evidence under Rule 401(d) of the Texas Rules of Evidence. Roberts also requests that the trial court disregard the Court’s specific curative instruction on a similar issue. He contends that his objections to the court’s limiting instruction should have been overruled by motion to suppress,Cxp Publishing Inc Cxp Publishing & All rights reserved In The U.S.
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