Evidence-Wellborn SU2006 Outline

Commonwealth v farris introduction to hearsay fre

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Unformatted text preview: offered in evidence to prove the truth of the matter asserted. Texas hearsay definitions are broader than the federal rules: Statement under Texas definition is made broader by the use of "verbal expression", whereas the federal version uses "assertion" Texas 801(c) treats an out of-court statement as hearsay if it is offered to prove a matter implied by the statement as well as it is offered to prove a matter explicitly asserted in the statement! (See below!) Nonverbal conduct as hearsay: Testimony about a person's out-of-court nonverbal conduct can constitute hearsay ONLY if the conduct was intended as an assertion. Example Hearsay: Testimony that a person pointed to a particular vehicle when asked to locate the source of drugs was assertive conduct and hearsay under Rule 801(a)(2) Example Nonhearsay: Evidence that US mining inspector ate his lunch in area alleged to have been unsafe, and that other inspectors who observed area issued no citations, nonhearsay as evidence of safety. COMMONWEALTH V. FARRIS [Introduction to Hearsay FRE 801(a)-(c)] Facts/Procedural Posture: Appellant convicted of conspiracy but not convicted for robbery. A man burst through the door of Dave's Tavern in Ph...
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