Evidence-Wellborn SU2006 Outline

Notes lack of trustworthiness proviso 803c public

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Unformatted text preview: If, it is a law enforcement report created as a matter of business routine, not in response to investigation of a particular crime or the crime being prosecuted, that's not what Congress had in mind for this rule. They had in mind the investigative report. In notes after case: 803(8)(B) Cases that have divided courts are those that deal with a forensic chemist's drug analysis. Might violate the confrontation clause to not be able to cross-examine the medical examiner...depends on the circuit. (Texas believes this evidence is admissible). Sometimes gets under 803(8)(C); if the county medical examiner is performing an investigation made pursuant to authority granted by law. BEECH AIRCRAFT CORP. v. RAINEY [Hearsay Exceptions; Availability of Declarant Immaterial. Public Records and Reports: 803(8)(B)803(8)(C) factual findings resulting from an investigation made pursuant to authority granted by law] Facts: Navy training aircraft crash. Wasn't really clear why the plane crashed, might have been pilot negligence or maintenance problems. Pilots' surviving spouses brought product liability suit against Beech Aircraft Corp. Procedural Posture: Only seriously disputed question was whether pilot error or equipm...
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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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