Evidence-Wellborn SU2006 Outline

Notes types of interests that texas recognizes o

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Unformatted text preview: exas has provision making sure that the Rule applies equally to prosecution and defense in criminal cases (inculpate and exculpate both require corroborating circumstances that indicate the trustworthiness of the statement) Texas doesn't just include pecuniary and proprietary statements made against one's social interest is admissible! o House took Social Interest out of the federal rules. Corroborating circumstances for trustworthiness of statement in criminal cases: Example Admissible: "A statement inculpating both the declarant and the defendant may be sufficiently reliable to be admissible in the circumstances where the statement is made in a noncustodial setting to an ally, rather than to a law enforcement official, and where the circumstances surrounding the portion of the statement that inculpates the defendant provide no reason to suspect that this portion of the statement is any less trustworthy than the portion that inculpates the declarant." KEY!!! ROBINSON v. HARKINS [Hearsay Exceptions; Declarant Unavailable Statement Against Interest (Civil Cases) FRE 804(b)(3)] Facts: Jerry and Margaret were riding in Jerry's company truck when struck by a train Margaret was...
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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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