Evidence-Wellborn SU2006 Outline

Scope and purpose of rule 103 rule 103 addresses

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Unformatted text preview: le police assistance to meet an ongoing emergency. Statements are TESTIMONIAL when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution! KEY! 911 calls usually not testimonial ordinarily not designed primarily to establish or prove some past fact, but to describe current circumstances requiring police assistance. Davis case not testimonial "McCottry was facing an ongoing emergency" Hammon testimonial "There was no emergency in progress; the interrogation officer testified that he had heard no arguments or crashing.." No immediate threat to her person. Distinguish Hammon & Davis: McCottry's present-tense statements showed immediacy; Amy's narrative of past events was delivered at some remove in time from the danger she described (similar to Sylvia in Crawford). Bottom line I need to get from all of this:...
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