Evidence-Wellborn SU2006 Outline

Holding testimony was properly admitted under 801d1c

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Unformatted text preview: ad..." What's codified in 801(d)(1)(C) is pretty much what was universally the law...simply ratifying a common law doctrine. UNITED STATES v. LEWIS [Hearsay Exception: Prior statement by witness identifying a person FRE 801(d)(1)(C)] Facts: Frank Lewis convicted of armed bank robbery and conspiracy to commit a crime. Mrs. Sharpe was unable to identify appellant in the courtroom and mistakenly picked out a Deputy United States Marshal instead. Later Mrs. Sharp was shown photographic display of possible perps and she picked out the photograph she had earlier selected to identify the bank robber. (appellant) Picture was admitted into evidence. FBI agent confirmed that Mrs. Sharpe had selected appellant's picture shortly after the bank robbery. Procedural Posture: Frank Lewis was convicted. Appellant argues that Agent Farrell's testimony should have been excluded as hearsay because the prior identification, in order to qualify under 801(d)(1)(C) must be in the flesh, not photographic. Appellant...
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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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