Evidence-Wellborn SU2006 Outline

Distinguish hammon davis mccottrys present tense

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Unformatted text preview: order to let in testimonial hearsay: unavailability and opportunity for crossexamination Commercial Outline Notes: TYPE IN! UNITED STATES v. DAVIS [When is a statement testimonial?] 2006 case Facts (Davis Case): McCottry called 911 frantically claiming that her boyfriend (Davis was beating her at that time) As the conversation continued, the operator learned that Davis had run out the door after hitting McCottry and that he was leaving in a car with someone else. After Davis left, the operator asked some questions and gathered more information about Davis. Police arrived within four minutes of the call and observed McCottry's shaken state and fresh injuries. Procedural Posture (Davis): McCottry did not appear in court and the trial court admitted the recording of her exchange with the 911 operator. Washington court of appeals, and Supreme Court of Washington affirmed admission of this evidence, concluding that the portion of the 911 conversation in which McCottry identified Davis was not testimonial. Facts/Procedural Posture: (Hammon Case): Polic...
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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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