Evidence-Wellborn SU2006 Outline

Notes have returned to this semi black letter law if

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Unformatted text preview: gle remark is. Is it a sentence? o Joe and I robbed the bank is that one statement or two statements? O'Connor doesn't tell us!! o O'Connor talks about single statement or remark in a categorical sense but doesn't make clear what qualifies as a single statement. Bugs Wellborn, this is NEW law (Kennedy's position would not have been) and it is not expressed with the maximum amount of clarity. UNITED STATES v. PAGUIO (Hearsay Exceptions; Declarant Unavailable -Statement Against Interest Offered By the Accused in Criminal Case: FRE 804(b)(3)) Facts: Paguio Jr. and his wife, Acosta, were convicted of false statements to a bank to influence action on a loan application. Paguio's dad initiated the loan process on behalf of his son. Application was fraudulent exaggerated Jr and Acosta's income. Paguio's dad showed the bank fictitious tax returns for Jr. and Acosta Procedural Posture: Defense argument was that the house loan was the father's deal and that the son and the fianc lacked the mens rea for false statements. Jr's...
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