Evidence-Wellborn SU2006 Outline

almost no case law to support the residual

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Unformatted text preview: worry about the evidence of his state crimes." Procedural Posture: Government sought to introduce Albino's prior statements about the crime Court held a hearing to determine whether Aguiar procured the unavailability of Albino. District court held that Aguiar had procured Albion's unavailability and thereby waived his confrontation rights and hearsay objections. Issue: Were Aguiar's due process rights violated by the introduction of Albino's hearsay statements? Holding: Aguiar's due process rights were not violated: A defendant who procures a witness' absence waives the right of confrontation for all purposes with regard to that witness. HEARSAY EXCEPTIONS Residual Exception (FRE 807) FRE 807: Residual Exception. A statement not specifically covered by Rule 803 or 804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the on the point for which it is offered than any other evidence w...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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