Evidence-Wellborn SU2006 Outline

Hearsay exceptions residual exception fre 807 fre 807

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Unformatted text preview: ce. Looked at that way, it passes muster even under Williamson. Key! Forfeiture by Wrongdoing [FRE 804(b)(6)] FRE 804(b)(6): Hearsay Exceptions; Declarant Unavailable. (b) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: 6. Forfeiture by Wrongdoing. A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as the witness. Purpose: 804(b)(6) = prophylactic rule to deal with abhorrent behavior "which strikes at the heat of the system of justice itself." Burden as to showing of wrongful conduct: Usual Rule 104(a) preponderance of the evidence standard applies to the preliminary determination whether a party has engaged in conduct justifying a forfeiture under the rule. Conspiracy: Where the unavailability of the declarant resulted from the acts of a party's coconspirator, "mere participation in a conspiracy does not suffice yet participation may suffice when combined with findings that the wrongful act at issue was in f...
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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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