Evidence-Wellborn SU2006 Outline

Post crawford if its testimonial in a criminal case

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Unformatted text preview: s within a firmly rooted exception. o All exceptions (except residual) are firmly rooted EXCEPT statement against interest offered by the prosecution! (State v. Lilly ruled that this exception is not firmly rooted). Late, late, concept, have to show particularized guarantee of trustworthiness. Jist of the holding is that trustworthiness in this sort of situation can only be established by the circumstances/contents of the statements! don't look at any outside corroborating evidence!! Can't consider, in making the case for trustworthiness, the fact that the content of the statement is corroborated by independent other evidence (i.e. evidence of sexual abuse from Dr.'s physical examination). KEY! Note court splits 5-4 on this: o Other 4 justices believe you should be able to rely on other sister's testimony and testimony of sexual abuse to determine trustworthiness. Note not admitted under medical testimony exception (firmly rooted exception which does not require trustworthiness analysis) because it's likely that the doctor wasn't there to "treat" the younger daughter, but rather as an investigator for the st...
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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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