Evidence-Wellborn SU2006 Outline

Procedural posture government proposes to introduce

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Unformatted text preview: it was not hearsay for gov agents to testify that while searching D's premises pursuant to warrant, agents answered the telephone several times, and unknown callers stated directions for placing bets on sporting events. Implying that D was running gambling operation [United States v. Zenni see below] Example Nonhearsay. In drug prosecution, it was not hearsay for officer to testify that unidentified caller to D's beeper asked "did you get the stuff" and "where is Dog?" implying that D was dealing drugs Example Nonhearsay. "The assertion Herlinda made was that Ybarra would not come home as long as the police were there. The statement was offered to prove that Ybarra lived at the house. Whether Ybarra would come home and, if not, why not, was not at issue in the trial. Therefore, the statement was not offered to prove the truth of the matter and, by definition, was not hearsay." Statement offered to imply that Ybarra lived there. UNITED STATES v. ZENNI [Implied Assertions] Facts: Go...
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