Evidence-Wellborn SU2006 Outline

Admissible in both fre and texas this is really the

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Unformatted text preview: ay be cross-examined. Hypo: Assault, man on man, victim isn't going to testify. Instead they have the nurse who treated victim in the hospital Verbal assertion: "The victim said the defendant did this to her." obvious hearsay. Verbal assertion by someone who is not testifying in court. o Not admissible, offered to prove the fact asserted. Nonverbal assertion: Nurse testifies that she asked the victim who injured him and V gestured toward a picture of defendant. Nonverbal assertion by someone who is not testifying in court. Not admissible, offered to prove the fact asserted (that the defendant hurt the victim.) Ex: Testimony that a person pointed to a particular vehicle when asked to locate the source of drugs was assertive conduct and hearsay. Nonverbal non-assertive: Nurse testifies that when the victim was told that defendant was coming to visit shortly, he hid under a pile of dirty hospital linens and sucked his thumb. Admissible in both FRE and Texas. This is really the only exception that really works even in federal court... lawyers will object to four and five and normally those objections w...
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