Evidence-Wellborn SU2006 Outline

Believes the statements should be sworn mirandized

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Unformatted text preview: e responded to a reported domestic disturbance at the home of Hershel and Amy Hammon. When police got there, Hershel was in the kitchen, and Amy was in living room separated. State charged Hershel with domestic battery and at trial brought in evidence of Amy's statements to the police officer that he had broken the furnace and shoved her into the broken glass, destroyed her van so she couldn't leave etc. Evidence was admitted. Court of Appeals and Supreme Court affirmed concluding that Amy's statement was admissible for state-law purposes as an excited utterance and that a "testimonial" statement is one given or taken in significant part for purposes of preserving it for potential future use in legal proceedings, where the motivations of the questioner and declarant are the central concerns!! Issue: When is a statement testimonial, so as to require confrontation in order that the evidence be admitted? Holding: Notes: Statements are NONTESTIMONIAL when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enab...
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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 at Austin.

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