Evidence-Wellborn SU2006 Outline

johnson v lutz auto accident case proponent wanted

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Unformatted text preview: then one may infer it never happened. Ex: Auto theft case. Someone renting a car and not returning it, had a record that the defendant rented the car but no record that it was ever returned to any Hertz office (therefore it likely never was returned). 803(7) exception. UNITED STATES v. BAKER [Hearsay Exceptions; Availability of Declarant Immaterial Records of Regularly Conducted Business Activity (Knowledge of recorder element): FRE 803(6) & 803(7)] Facts: Undercover agent purchased expensive treasury checks from D at a huge discount. By having each of the intended payees fill out and return Form 1133, the Secret service confirmed that the payees did not receive the checks nor authorize anyone else to negotiate them. D indicted on three counts of selling government property. Procedural Posture: D argues that it was error to receive Form 1133 into evidence (the only evidence of his lack of authority to sell the checks). Holding: Forms do not fall within the hearsay exception for records of regul...
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