Evidence-Wellborn SU2006 Outline

issue when is a statement testimonial so as to

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Unformatted text preview: had led petitioner to Lee's apartment and thus facilitated the assault.) Washington Supreme Court upheld petitioner's conviction after determining that Sylvia's statement was trustworthy under Williamson inquiry. Did admitting Sylvia's statement as an 804(b)(3) statement against interest because it was reliable comply with the Sixth Amendment guarantee for confrontation: "In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him."? Holding: Sylvia's statement should not have been admitted. It violated the confrontation clause. "Where testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation." Notes: Crawford says in a criminal case if it's testimonial and there was no opportunity for cross-examination it's out period! (Regardless of whether or not it falls within a hearsay exception!) Two requirements must be met in...
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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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