Credibility

Question 1

Shakur v. Wallace (1994)

Answer 1

It is up to the fact finder to determine the credibility of each witness’s testimony. A fact finder,
whether jury or judge, may choose to credit all, some, or none of a witness’s testimony and may
credit one part of a witness’s testimony without crediting others. At all times, the fact finder may
consider the witness’s interest in the outcome of the case. However, it is not appropriate for a
testifying witness to determine the credibility or otherwise opine on the credibility of another
witness. Such a determination or opinion by a testifying witness is not relevant under the MRE.

Question 2

Graham v. Duckworth (2024)

Answer 2

The Court’s finding in Shakur v. Wallace (1994) should be narrowly construed. It specifically bars
asking a testifying witness whether another witness is telling the truth or lying. It does not prevent
related inquiries, such as asking whether another witness’s testimony is inconsistent with the
testifying witness’s testimony or asking the testifying witness whether they are aware or unaware
of any reason why another witness is telling the truth and / or lying. Moreover, nothing here bars
an attorney asking a testifying witness whether they themselves lied or are lying.