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Impeachment By Evidence Of Defect Of Capacity

A. Perception:

a witness may be impeached by evidence of some sensory defect that rendered the witness incapable of perceiving the events the witness describes.

B. Memory:

a witness may be impeached by evidence that the witness has an impaired memory and therefore cannot reliably relate past events.

C. Mental Illness or Disability:

a witness may be impeached by evidence of mental illness, disability or diminished capacity that distorts either the witness’ perception or recollection of reality.

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