Evidence-Wellborn SU2006 Outline

It is an original of what it is audit report best

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Unformatted text preview: duplicate as defined in Rule 1001(4) If it is a certified or compared copy, it is admissible under Rule 1005 whether or not it is a duplicate! (and vice versa) ENGLUND v. STATE [Best Evidence Rule Public Records: FRE 1005] Facts: D convicted with a DWI, placed on probation. D later convicted with a DWI in another county. State moved to revoke appellant's probation based on the DWI in the other county. Procedural Posture: State introduced a facsimile transmission of a certified copy of the judgment. Appellant objected to the trial court admitting the copy into evidence. Trial court revoked appellant's probation. Houston Court of Appeals affirmed; holding that trial court did not err in admitting the exhibit into evidence. Issue: Was it error to admit the faxed "certified" copy of the judgment even though the fax itself wasn't technically "certified?" Holding: The faxed copy was admissible b/c this technically constitutes an "original" of a certified copy was intended to be a "certified copy", would charge a customer for this faxed copy.. Notes...
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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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