Evidence-Wellborn SU2006 Outline

notes wellborn says you cant piece together 1003

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Unformatted text preview: 1004. Issue: Was it error for the trial court to allow secondary evidence to prove the contents of the bills, even in the absence of proof by the government that a condition of FRE 1004 had been met? Holding: No, the trial court considered Brodesser's testimony to be secondary evidence, and therefore we must assume that the court was satisfied that at least one of the conditions had been established. In overruling the Marcantonis' vague objection (that hardly mentioned rule 1004), the trial judge did not have to give reasons for his decision. o Might have believed the bills to be lost or destroyed o Original unattainable o Marcantonis were impliedly put on notice! Notes: The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if 1. Originals lost or destroyed court says could fall in here, floating in the world somewhere 2. Original not obtainable. (In Texas, the original is considered not obtainable if it is in another state!!!) No original can be obtained by any available judicia...
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