can the state make an intoxicated witness reliable? how is possible to believe one intoxicated with alcohol and marijuana

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can the state make an intoxicated witness reliable? how is possible to believe one intoxicated with alcohol and marijuana

during a murder trial there was a witness who stated the night of the crime he was severly intoxicated, however from the one light in the area (about 30ft away) he says he can clearly see the shooter.

Asked on May 5, 2009 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The fact that the eyewitness was under the influence certainly makes his testimony questionable.  A defense attorney certainly could impeach its reliability and credibility. 

I assume that the accused was represented at trial.  If for some reason you were not satisfied with your representation then you could file for an appeal on the grounds of his incompetency.  This however is not necessarily easy to prove.  From the few facts given it's impossible to say.  You don't even state whether or not there were any other witnesses and what other evidence was presented by the prosecution.  If feasible perhaps you could have the case reviewed by another lawyer?


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