Evidence-Wellborn SU2006 Outline

Pictorial testimony method if the witness on the

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Unformatted text preview: e", including in anticipation of litigation. Ex: Admissible Witness' testimony that he became familiar with Puentes' voice during the 2 month wiretap surveillance. Note: Minimum familiarity is sufficient. FRE 901(b)(6) covers identification of the party who RECEIVED a telephone call. In the case of a person: Authenticated if circumstances, including self-identification, show the person answering to be the one called In the case of a business: Authenticated if the call was made to a place of business and the conversation related to business reasonably transacted over the telephone. Note: Identification of the calling party is normally established under voice identification or distinctive characteristics Self- identification is NOT enough!! KEY! So when the person is the recipient of the call; self-identification is enough When the person is the caller, self-identification is NOT enough! UNITED STATES v. VITALE [Authentication and Identification Voices and Telephone Calls; Recipients: FRE 903(b)(6)] Facts/Procedural Posture:...
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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.

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