Evidence-Wellborn SU2006 Outline

She said things about this event that were undeniably

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Unformatted text preview: hen she told them a train was coming, she was told to be quiet. Procedural Posture: Appellants contend the trial court committed reversible error by admitting statements made to witnesses by Brittney Jewell regarding the alleged argument between Greg and Sheila Jewell immediately before the collision. Prior to trial appellants filed a motion in limine to exclude testimony of what Brittney told others about the accident because the evidence was inherently reliable. Trial court denied the motion and admitted the evidence under the party admission exception to the hearsay rule FRE 801(d)(2)(A) Holding: Brittney's statements were admissible under FRE 801(d)(2)(A) Does not matter that she had brain damage... Whether Brittney's statements were from her independent recollection or were suggested by others, is a matter that goes to her credibility, not to admissibility of the evidence. Notes: Weird that the court doesn't address the fact that the girl was not an actual party but rather it was her mother who filed the suit....her statement should have...
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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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