hearsay rule exceptions

• State v. Moulder, (Ohio 2002)

CRIME, FELONY; EVIDENCE & TESTIMONY, ADMISSIBILITY OR NOT, CHARACTER, REPUTATION, HEARSAY; HEARSAY, EXCEPTIONS TO RULE; IDENTIFICATION, TAINTED, OUT-OF-COURT; MURDER, AGGRAVATED.

• Ohio Supreme Court

• 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 particular is not limited to child sexual abuse cases, but threatens the Confrontation Clause rights accorded to all criminal defendants.

• American Criminal Law Review
• Vol. 32 Nbr. 3, March 1995

• Healey v. Goodyear Tire & Rubber Co., (Ohio 2010)

Telephone conversation in which participant related what someone told her during a previous telephone conversation does not fall within the present sense impression or then existing state of mind exceptions to the hearsay rule.

• Ohio Supreme Court

• Manual for Courts-Martial; Proposed Amendments

The Joint Service Committee on Military Justice (JSC) is forwarding final proposed amendments to the Manual for Courts-Martial, United States (MCM) to the Department of Defense. The proposed changes constitute the 2012 revision of the Military Rules of Evidence (M.R.E.) in the MCM in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes affect all the M.R.E. and are in conformity, to the extent practicable, with the Federal Rules of Evidence. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, an...

... defined the applicable provisions when hearsay would not apply to ``a federal statue applicable i... proceedings to the extent and with the exceptions stated in Mil. R. Evid. 1101. (b) Sources of L...

• Federal Register Nbr. 77 FR 15053, March 14, 2012
• Notices
• Defense Department

• State v. Johnson, (Ohio 2009)

HOMICIDE – EVIDENCE – R.C. 2941.25: In a murder prosecution for the beating death of his live-in girlfriend’s seven-year-old son, the trial court did not err in admitting other-acts evidence concerning domestic violence between the defendant, his live-in girlfriend, and her son: defense counsel and the trial court engaged in lengthy discussions regarding the testimony, defense counsel only requested a limiting instruction for the live-in girlfriend’s testimony, the trial court properly instructed the jury that the live-in girlfriend’s statements were to be used only to assess her credibility and were not to be used as substantive proof of the defendant’s guilt, and defense counsel did not otherwise object to the instruction or move for a mistr...

... trial court's admission of other-acts and hearsay evidence against him, the effectiveness of his tri... admissible under any of the recognized exceptions to the hearsay rule. But in light of the admissib...

• Ohio Supreme Court

• Common sense prevails - evidentiary onus confirmed by the High Court.

... Act as it was an exception to the opinion rule set out in s 76 of the Evidence Act. . High Court ... upon a detailed analysis of s 59(1) (Hearsay Rule); s 69(2) (exceptions to the Hearsay Rule); s...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Wuebker v. Wuebker, (Ohio 2003)

Statements not offered to prove the truth of the matter are not hearsay. Evid.R. 801. Statements made at the time of the event or to show state of mind are exceptions to the hearsay rule. Evid.R. 803. Trial court has broad discretion to find extreme cruelty and grant divorce. Extreme cruelty is conduct that results in the marriage being intolerable for one of the parties.

• Ohio Supreme Court

• 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 Tale - A. The Supreme Court Trilogy - B. Too Much Hearsay Relevancy - C. Uncaging of the Beast: Inconsistent Appellate - Application - . Blatant Explanatory Exception Abuse - . Specific Categories of Misuse - IV. Resolving the Plot’s Central Conflict: How to Legally - Apply the Explanatory Exception in Louisiana - A. Return to a Proper Relevancy Analysis - . Explanations of an Officer’s Conduct - . Explan...

• Louisiana Law Review
• Nbr. 71-4, July 2011

• A wavering bright line: how Crawford v. Washington denies defendants a consistent confrontation right.

..., however, is sometimes at odds with the hearsay rule, which often allows the admission of statemen... required identifying which hearsay exceptions were "firmly rooted," and thereby admissible witho...

• American Criminal Law Review
• Vol. 48 Nbr. 1, January 2011

• Crawford v. Washington, 541 U.S. 36 (2004)

... either falls within a "firmly rooted hearsay exception" or bears "particularized guarantees of ... of confrontation, admitting only those exceptions established at the time of the founding. See Matt...Rule Evid. 804(b)(3) (2003). . Petitioner countered t...

• U.S. Supreme Court