Evidence-Wellborn SU2006 Outline

Holding no the trial court considered brodessers

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Unformatted text preview: e officer could testify to the contents of a lost note written by defendant, although a typed copy existed. Example: "Because the district court could admit any form of secondary testimony once the tape was destroyed and because there was no evidence of bad faith, the agent's oral testimony was properly admitted." Four circumstances where the original is not required and the contents can be proved by ANY secondary evidence: Originals lost or destroyed. Proof that the original is lost normally consists of testimony describing a fruitless diligent search. Sufficiency of the foundation is regarded as a matter within trial court's discretion. Bad faith destruction by proponent. o Intentional destruction by the proponent by no means forecloses use of exception (1); bad faith must appear key!! o Ex: Not bad faith destruction. Proponent destroyed the original in the regular course of business. o Ex: Not bad faith destruction. Proponent re-recorded wire to tape by process that erased original whi...
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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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