Evidence-Wellborn SU2006 Outline

ex in drug prosecution it was not hearsay for

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: ill be sustained. Ex: Drug dealer in consummating drug transactions clearly did not intend an assertion. Accordingly, evidence of the prior sales was not hearsay. Ex: Blanchard testified that Joe Dugas reached a point in the woods and stopped, then reversed direction and walked along a path with Blanchard following. Dugas stopped and stared at an area of ground about fifteen feet in front of him. Upon examination, Blanchard and the officers realized that this was the victims' grave- site. Would be different if Blanchard had said where is the grave-site? And Dugas had led him there and pointed.. Verbal non-assertive: Nurse testifies that the victim said "Whatever you do, don't let D in here." Admissible in FRE, not admissible in Texas Texas considers this a "verbal expression" Federal Rules only apply to verbal "assertions" Action not done to prove the truth of the matter asserted (just an inference from the conduct) Very similar to # 5!!! Ex: In drug prosecution it was not hearsay for officer to testify that unidentified caller to...
View Full Document

Ask a homework question - tutors are online