Hearsay Rule Didn't Bar Admission of Cellphone Records, Rules California Court of Appeal
A call spreadsheet evidencing a robbery defendant's cellphone communications was admissible at trial under the business records exception to the hearsay rule, the California Court of Appeal has ruled in affirming a conviction. The defendant and an accomplice were arrested for committing several robberies. Police seized cellphones from both men at the time of their arrest. Call records obtained by ...
- The Hearsay Rule, 3d Ed.
- 29 CFR 18.802 - Hearsay rule.
- Rule 804(b) (6) - the illegitimate child of the failed liaison between the hearsay rule and confrontation clause.
Ask the Lawyer: Exception to the Hearsay Rule
Q: What is meant by "an exception to the hearsay rule"? - O.H., Wilmington A: Hearsay is a statement made by a third person, testified about in court by someone else.
The Louisiana 'Explanatory Exception': Faithfulness to Louisiana?s Hearsay Framework or Mere Storytime with the Prosecution?
Introduction - II. Anatomy of an Anecdote: What Is the Explanatory - Exception? - A. The Rule: Hearsay - B. The "Exception": Explanation - C. What It Was and What It Is - D. Scope of the Exception - . Relevancy - . Verbal Statements v. Conduct - . Constitutional Restrictions - . Other Evidentiary Limitations - III. Louisiana’s Application of the Explanatory Exception: - A Tumultuous...
- Hearsay Rule
Ask the Lawyer: Exception to the 'Hearsay Rule'
Q: What is meant by "an exception to the hearsay rule"? - O.H.
The Need for Truly Systemic Analysis of Proposals for the Reform of Both Pretrial Practice and Evidentiary Rules: The Role of the Law of Unintended Consequences in 'Litigation' Reform
Although it is an overstatement to claim that "there is no such thing as European Continental Evidence law,"8 the continental systems have largely abandoned the canon9 and Roman10 law rules requiring the trier of fact to assign specified weight to particular types of evidence.11 In addition, as a general proposition civilian systems recognize fewer of the exclusionary evidentiary rules ...
Md. Legal Briefs: July 18, 2010
Evidence State of mind exception to hearsay rule
- Court rejects proposal to expand hearsay rule.
- Better to be judged by twelve than carried by six: the need for an 'against-self-preservation' interest exception to the hearsay rule.
The Williamson standard for the exception to the rule against hearsay for statements against penal interest.
The U.S. Supreme Court in Williamson v. United States correctly gave a narrow interpretation of Federal Rule of Evidence 804(b)(3), providing an exception to the hearsay rule by admitting individual statements that are against the speaker's interest. Collateral statements made within a broadly self-incriminatory narrative are not admissible, according to the court's interpretation of the rule....
State v. Hawk, (Ohio 2013)
Any error by trial court in admitting statement as present sense impression exception to the hearsay rule was harmless beyond a reasonable doubt where the remaining evidence constituted overwhelming proof of the defendant's guilt. Manifest weight of the evidence supported defendant's convictions for attempted murder and felonious assault.
State v. Ceron, (Ohio 2013)
Evid.R. 404(B); other-acts evidence; Evid.R. 803(4); exception to the hearsay rule; prosecutorial misconduct; cumulative error. The trial court properly admitted the SANEs nurses testimony regarding the 5-year-old victims statements under Evid.R. 803(4). The trial court erred when it permitted the state to present other-acts evidence of the defendant as it was not relevant and was not...
- `Excited utterance' exception to hearsay rule.
- The naked truth: an in-depth look into the question of hearsay admissibility at probation violation hearings in Massachusetts, the application of Rule 6, and what it all means for the future of the Massachusetts probation system.
Two critical evidentiary issues in child sexual abuse cases: closed-circuit testimony by child victims and exceptions to the hearsay rule.
Several recent U.S. Supreme Court decisions have endangered the Confrontation Clause rights of defendants in child sexual abuse cases. Coy v. Iowa and Maryland v. Craig concern allowing child witnesses to testify without face-to-face confrontation, either by closed-circuit television or from behind a screen. Idaho v. Wright and White v. Illinois concern hearsay exceptions. The White case in...
State v. Macksyn, (Ohio 2013)
Statements made for forensic v. medical examination and hearsay; Criminal Rule 29
Lilly v. Virginia, 527 U.S. 116 (1999)
... Clause was satisfied because Mark's statements fell within a firmly rooted exception to the hearsay rule. The court also held that the statements were reliable because Mark knew that he was ...
In re K. G., (Ohio 2013)
DEPENDENCY EVIDENCE: In a juvenile court adjudication of a child as abused, neglected and dependent, the magistrate considered an inadmissible hearsay statement contained in the childs medical records, but that error was harmless in light of other evidence adduced at the adjudication hearing, where the other statements in the medical records relied upon by the magistrate were admissible under ...
State v. Glenn, (Ohio 2012)
Evid.R. 901, authentication of text messages; text message may fall within the business record exception of hearsay rule, if properly authenticated; circumstantial evidence.
Melendez-Diaz v. Massachusetts, 557 U. S. (2009)
... of the falsity of the dissent’s opening alarum that we are sweep[ing] away an accepted rule governing the admission of scientific evidence that has been established for at least 90 years and ... kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. See Fed. Rule Evid. 803(6). But that is not the case if the regularly conducted business ...
Giles v. California, 554 U.S. (2008)
...Cases and treatises indicate that this rule applied only when the defendant engaged in conduct designed to prevent the witness from ... his right to object to the witness's testimony on confrontation grounds, but not on hearsay grounds. See Brief for Respondent 23-24. No case or treatise that we have found, however, suggested ...
Dying Declaration Survives 'Crawford' Challenge
Who needs law school to understand the dying declaration? One can pretty much learn everything you need to know about this well-known exception to the hearsay rule from all those film noir classics churned out by Hollywood in the 40s and 50s.