Evidence-Wellborn SU2006 Outline

Cooper made just after the plymouth passed by was

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Unformatted text preview: t; The exception in Rule 803(1) covers only statements "describing or explaining an event or condition." This is stricter than Rule 803(2) which extends to statements "relating to a startling event or condition." Example Inadmissible. The trial court properly excluded D's offer of his own statement to officers: "That is my gym bag, but Taylor put it in the trunk." The subject matter of the statement was not what the defendant was presently perceiving when the statement was made but rather something which had occurred at a remote previous time, namely whenever the gym bag was placed in the truck. Personal knowledge. A statement offered as a present sense impression is excluded in the absence of evidence sufficient to support a finding that the declarant personally perceived the matter. Example Inadmissible. 911 tape of declarant describing alleged police beating of plaintiff, because of a "basis to suspect that declarant did not witness the events he described, but instead had relayed to the 911 operator descriptions by other people who had been observing from the windows of declarant's house." HOUSTON OXYGEN CO v. DAVIS [Hearsay Exceptions;...
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