Evidence-Wellborn SU2006 Outline

On the other hand if the witness lacks independent

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Unformatted text preview: es a writing exists under the definition of FRE 1001(1), that bears some connection with the case but the best evidence rule does not require its production because no party seeks to prove its content. UNITED STATES v. DUFFY [Best Evidence Rule Definition of Writing: FRE 1001(1)] Facts: Duffy convicted by a jury of transporting motor vehicle in interstate commerce that he knew was stolen. The local police officer and FBI agent both testified that the trunk of the stolen car contained two suitcases. Found inside one of the suitcases according to the witnesses, was a white shirt imprinted with a laundry mark reading "D-U-F". Procedural Posture: Defendant objected to the admission of testimony about the shirt and asked that the government be required to produce the shirt per the "Best Evidence Rule" Trial judge overruled the objection Holding: When the disputed evidence, such as the shirt in this case, is an object bearing a mark or inscription, and is therefore, a chattel AND a writing, the trial judge has discretion to trea...
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