Evidence-Wellborn SU2006 Outline

courts are likely to invoke the lack of

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Unformatted text preview: statement by party, offered against party. Police report meets 803(6) Statement by party meets statement by party-opponent hearsay exception Example Admissible. Western Union "to send money" forms on which sender had written his name, adderss etc. where gov. did not offer the forms to prove the truth of the sender's assertion of identity, but rather on the theory that the names were fictitious names established by other evidence as aliases of defendant. (What hearsay exception does this qualify under??) Example Admissible. When outsider statements are not offered to show the truth of the matters asserted in the statements! (Not double hearsay, because statements not offered to show the truth of the matters asserted are not hearsay!) Note: Where the source of the statement is an outsider; this statement may be admitted on a showing of a regular practice of verfification of these statements by an employee of the business. Must be verified by the business and thus adopted so as to become the business' own statements! These elements must be shown by the testimony of the custodian...
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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.

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