Evidence-Wellborn SU2006 Outline

Notes crawford says in a criminal case if its

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Unformatted text preview: nstitutional right of constitution even if the witness denies making the prior statement or testifies to a lack of memory of the event Former testimony of presently unavailable witnesses Must establish that witness is unavaible despite good faith efforts to produce the witness at trial. Other hearsay falling within a "firmly" rooted hearsay exception (all exceptions in article VIII except statement against interest offered by the prosecution requires particularized trustworthiness.) Pre Crawford: Simply needed to have sufficient guarantee of reliability for Confrontation clause to be satisfied. Post Crawford: If it's testimonial in a criminal case, and there was no opportunity for cross-examination, it's out period!! Hearsay not falling within a "firmly rooted" exception Residual exception Pre Crawford: Showing of particularized guarantees of trustworthiness (inherent in its trustworthiness not by reference to other evidence at trial Idaho v. Wright) Post Crawford: If it's testimonial in a criminal case,...
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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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