Evidence-Wellborn SU2006 Outline

In these circumstances we conclude that d was not

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Unformatted text preview: arty's failure to object to a statement or contradict it can be interpreted as a manifestation of his belief in the truth! "When Monroe told Officer Dunston that he could get another rock of crack from `my buddy', Beckham immediately got up from his chair, walked over to a stash of crack that was packaged for distribution, and began to open it. By that action, Beckham indicated his endorsement of Monroe's statement." PEOPLE v. GREEN [Hearsay exception (statements by party opponent): Adoptive admissions by silence FRE 801(d) (2)(B)] Facts: Green had Frank Moore shot. Green's sister going to testify that there was this argument was going on and Mrs. Green said: "I'm not afraid of you just because you had Frank shot!" and Green didn't say: "Who me?" and therefore it's a manifestation of the fact that he shot him! Procedural Posture: Trial court let defendant's sister in law testify that she heard Mrs. Green say "I'm not afraid of you just because you had Fr...
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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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