Evidence-Wellborn SU2006 Outline

Procedural posture when the prosecutor learned of the

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Unformatted text preview: not based on personal knowledge. (Lay witness may state an opinion or inference only if it is "rationally based on the perception of the witness." o KEMP v. BALBOA [Witness Competency: Lack of Personal Knowledge (Hearsay Rule 602 & 802 overlapping)] Facts: State prisoner filed suit accusing prison guard of improperly confiscating his medication used to control his epilepsy Nurse at the center testified that Kemp failed to pick up his medication from the prison infirmary on seven different occasions. But the nurse stated she was not on duty the days Kemp allegedly failed to obtain his medication, and that her knowledge of the subject came from reviewing the medical charts which someone else had prepared. Procedural Posture: Kemp objected to admission of the evidence on the ground that the nurse had no personal knowledge of Kemp's failure to pick up his medication. District court denied the motion to strike. Kemp appeals. Issue: Was the evidence inadmissible because the nurse did not have personal knowledge?...
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