Evidence-Wellborn SU2006 Outline

Jury found for ps city argues that trial court erred

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Unformatted text preview: time to think about their actions and to invent an excuse about their late arrival at the dorm with alcohol on their breath. KEY! Proof of startling event and declarant's perception of it: The contents of the statement itself, along with circumstances including the declarant's appearance, behavior, and condition may be relied upon to establish the occurrence of an exciting event. Rule does not require independent evidence that the declarant witnesses the startling event. The inference that the declarant saw the event should be permitted from the utterance itself and from the circumstances in which it was given. Relating to a startling event: Not limited to statements describing or explaining an event or condition as with Present sense impression. Example Admissible. Slip and fall; bystander's statement, "I told them to clean it up about two hours ago an hour and a half ago." Startling event that triggers the statement need not be the crime or event out of which the litigation arises Example Admissible. One week after Caruso re...
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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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