Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

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Unformatted text preview: ification statement did not come within 801(d)(1)(C) because his memory loss prevented his being "subject to cross-examination concerning the statement." Issue: Should the evidence of Foster's prior, out-of-court identification been admitted even though at trial, Foster (because of memory loss) Foster was not able to explain the basis for the identification/remember the identification? Holding: Evidence of Foster's prior, out of court identification was properly admitted. o Confrontation clause issue: The Confrontation Clause guarantees only "an opportunity for effective crossexamination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish." It is sufficient that the D has the opportunity to bring out such matters as the witness's memory loss. o FRE 801(d)(1)(C) issue: The requirement that a witness be "subject to cross-examination concerning the statement" is not violated by the witness having, or purporting to h...
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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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