Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: rategy, however reasonable, are disregarded. ("As a general rule, a party's decision to limit cross-examination in a discovery deposition is a strategic choice and does not preclude his adversary's use of the deposition at a subsequent proceeding.") In the case of former testimony, unavailability of the witness is required there is nothing to be said of transcript if you have the real thing (Unlike the case of the 803 exceptions (ex: excited utterance) that bring independent value)... In criminal cases, if it is offered against an accused, that requirement of unavailability has been constitutionalized. Good faith effort: You have to make every good faith effort to get that witness to testify at the current trial. Examples of unavailability: Dead, too sick, refusal (despite court order) etc. Codified in 804(a). Predecessor in interest: not interpreted in the narrow, common-law sense of privity but broadly to include any party with similar interest (see Clay case below) STATE v. AYERS [Hearsay Exceptions; Declarant Unavailable - Former Testimony: FRE 804(b)(1)] Facts: Husband of defendant shot and beaten to death in his store. Defendant and her second husband (Donald) were jointly indicted for mu...
View Full Document

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.

Ask a homework question - tutors are online