declarations against interest

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8.406 documents for declarations against interest

- Williamson v. United States, 512 U.S. 594 (1994)
...(b)(3)'s hearsay exception for statements against penal interest, a Drug Enforcement Administration ... make Rule 804(b)(3) cover only those declarations or remarks within the confession that are individu...
- U.S. Supreme Court
- Lilly v. Virginia, 527 U.S. 116 (1999)
... invoked his Fifth Amendment privilege against self-incrimination. The trial court then admitted his statements to the police as declarations of an unavailable witness against penal interest, ...
- U.S. Supreme Court
- A wavering bright line: how Crawford v. Washington denies defendants a consistent confrontation right.
...to be confronted with the witnesses against him.." (1) This guarantee, however, is sometimes a... a test that sought to balance these interests in Ohio v. Roberts. (3) Under Roberts, an unavaila... testimonial analysis as any other declarations. If a business record is made in the ordinary cour...
- American Criminal Law Review
- Vol. 48 Nbr. 1, January 2011

- Chambers v. Mississippi, 410 U.S. 284 (1973)
... the case, that each was in a real sense against McDonald's interest, and that McDonald was present... exceptions is the one applicable to declarations against interest[Footnote 14] - an exception found...
- U.S. Supreme Court
- 'The Future Ain't What It Used to Be':1 New Developments in Evidence for the 2005 Term of Court
On appeal, the CAAF addressed the issue of whether defense counsel waived the adoptive admissions issue by failing to properly preserve the objection under MRE 103.38 Adopting a common-sense approach, the CAAF held that defense counsel had adequately preserved the adoptive admissions issue for appeal.39 Military Rule of Evidence 103 requires an accused to make a timely objection, stating the specific grounds for the objection if not apparent from the context.40 There is no requirement to cite a particular rule by number.41 In this case, appellant's defense counsel initially objected on grounds of relevance and prejudice, but presented sufficient argument on the adoptive admissions issue to make known to the military judge the basis for his objection.42 The CAAF rejected the government's...

... rule of MRE 803(8),22 and statements against interest under MRE 804.23. Cases from the 2005 Ter... claim of memory loss.337 The key to declarations against penal interest is their inculpatory nature...
- Army Lawyer, The
- Nbr. 4/2006, April 2006
- Lee v. Illinois, 476 U.S. 530 (1986)
... of the codefendant's confession against her. Held:. The trial court's reliance upon the ... in support of lesser offenses as "interesting." He answered the suggestion that the evidence sho...The hearsay exception for declarations against interest is firmly established; it rests u...
- U.S. Supreme Court
- Joe Hernandez, Iii, Petitioner-Appellant, v. Larry Small, Warden, Respondent-Appellee., 282 F.3d 1132 (9th Cir. 2002)
... California's hearsay exception for declarations against penal interests, 2 and accordingly, that ...
- Federal Circuits
- Montana v. Egelhoff, 518 U.S. 37 (1996)
...46. Opinion of SCALIA, J. Against this extensive evidence of a lengthy common-law tr... basic rationale of the exception for declarations against interest," id., at 302. Thus, the holding ...
- U.S. Supreme Court
- United States of America, Appellee, v. Pasquale G. Barone, Defendant, Appellant., 114 F.3d 1284 (1st Cir. 1997)
... to the hearsay rule for statements against the declarant's interest, including penal interest... of Limoli's statements as declarations against penal interest. After hearing the governme...
- Federal Circuits
- United States v. Scheffer, 523 U.S. 303 (1998)
... to accommodate other legitimate interests in the criminal trial process. See, e. g., Rock v.... on Polygraph Techniques: The Case Against Polygraph Tests, in 1 Modern Scientific Evidence, ... basic rationale of the exception for declarations against interest. That testimony also was critical...
- U.S. Supreme Court