Evidence-Wellborn SU2006 Outline

Dispute at trial as to whether margaret or jerry was

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Unformatted text preview: minal cases is expressly applicable under the Texas rule to statements offered by either party, not just to those offered by the accused! (In practice, this provision extends to the federal rules under the constitutional right of confrontation, Government must produce evidence of corroboration before it seeks to offer a declaration by another that implicates the defendant!) Party admissions distinguished: An out-of-court statement by a party offered against the party is admissible as an admission under Rule 801(d)(2), and is not subject to the requirements of 804(b)(3). A party admission need not have been against interest when made. Statement tending to expose the declarant to criminal liability and offered to INCULPATE the accused is also not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement! Reliability of this type of hearsay (statement against interest) is powerful because declarant would not make a statement that could make them culpable or liable unless it was true. Difference between Texas and federal rules on Statements Against Interest: Placed under TX Rule 803 because unavailability is not required! T...
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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.

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