Evidence-Wellborn SU2006 Outline

A memorandum report record or data compilation in any

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: t McKay's grand jury testimony was an accurate reflection of his knowledge at that time. Notes: HUGE: Recorded recollection requires that the declarant be available to testify ....only subsection to 803 that requires this...should have put this under 801(d)(1), prior statement by a witness!! If the admitted out of court written statement is in effect only a substitute for testimony and nothing more, we don't want to give it any more weight than testimony, than it is just read. The jury is not given the transcript. That is why you read these things...essentially are just a substitute for testimony. What Patterson is about = the issue as to how much time between the event and the making of the recorded statement. The reason that this is an issue worth raising is because the common law talked about "contemporaneous writing". Writing made "at or near the time of" the event. But the FRE rule doesn't say contemporaneous writing rather says in their memory... If a witness is lying about the failed memory because they want the prior writing in, then we may have to worry about it. That's why there is a failed memory requirem...
View Full Document

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.

Ask a homework question - tutors are online