Evidence-Wellborn SU2006 Outline

Issue should all of harris statements have been let

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Unformatted text preview: e Proprietary opened himself up to possible criminal charges for the accident itself and if he lied to recover worker's comp. Social announced to the world that he was partly responsible for making his wife a paraplegic. o Trustworthiness inquire: While there is some degree of competing interest, the disserving nature of the proffered evidence outweighs the self-serving aspect relied on by the court of appeal. Notes: Types of interests that Texas recognizes: o Pecuniary o Proprietary o Penal o Social Need to perform a sort of balancing test: Self-serving versus disserving. o Court finds that there were three theoretically against interest aspects of the statement and you weigh that against the self-serving interest to get workers comp.... weigh in the following manner: Given all the circumstances does the statement look reliable? Wellborn says yes...has the ring of truth in all of the circumstances; especially given the social interest aspect of it. (admitting to the world then you were the driver in an accident where you wife was severely injured) IN this type of reversal what you should expect to happen is you remand to the trial court and say: do the balancing test. Let...
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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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