Evidence-Wellborn SU2006 Outline

this holding is necessary in order to prevent evil

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Unformatted text preview: ura's questions, we find no special reason for supposing that the incriminating statements were particularly trustworthy." "Particularized guarantees of trustworthiness" must be shown from the totality of the circumstances, but the relevant circumstances include only those that surround the making of the statement and that render the declarant particularly worthy of belief." Notes: Ohio v. Roberts: Blackmun opinion Declarant must be unavailable Statement must be trustworthy. o Can either show that it is part of a firmly accepted exception or that there are special circumstances in this case that makes it trustworthy. Court annoyed by Blackmun's opinion in Ohio v. Roberts: o Declarant does not have to be unavailable! Certain sensible exceptions: Statement against interest Dying declaration Excited utterance White v. Illinois: The only time unavailability is constitutionally required is former testimony! So that makes it simple, spells it out!! o Heyday of the quest for trustworthiness! You can establish trustworthiness per se if it fall...
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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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