Evidence-Wellborn SU2006 Outline

Foster admitted that he could not remember whether

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Unformatted text preview: ring that "delays in the criminal justice system do not lead to cases falling through because the witness can no longer recall the identity of the person he saw commit the crime. Subsection (C) does not apply at all when the identifier has made an erroneous in-court identification because the prior identification is inconsistent with it (prior inconsistent statements) and was not even under oath, as required by subsection (A). Saying that C should be subject to A o Clearly wrong...added this third paragraph clearly because they wanted C NOT to be subject to the highly restrictive A paragraph. o Wanted these prior identifications to be let in, didn't want to subject them to the stringent requirements of other prior inconsistent statements (must be given under oath at a trial, hearing or other proceeding). UNITED STATES v. OWEN [Hearsay Exception: Prior statement by witness identifying a person FRE 801(d)(1)(C)] Facts: Owen was a prisoner who attacked John Foster, a correctional counselor at a federal prison. Owen beat foster with a metal pipe As a resul...
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