Evidence-Wellborn SU2006 Outline

Some kinds of photographic evidence like x rays have

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Unformatted text preview: D's appeal from drug conviction Officer testified that he placed a telephone call to the residence of one Peggy Lindsay and that he spoke to a woman. When the officer spoke to her again, she identified herself as Juanita Vitale and gave a physical description of herself. Issue: Was a proper foundation laid that Vitale was the person that the officer spoke to on the phone even though he did not meet Vitale until after the conversations? Holding: Admission proper 901(b)(5) allows for identification of a voice "by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker." The requisite familiarity may be acquired before or after the particular speaking which is the subject of identification! Office Zinselmeier testified that he had spoken with appellant personally on two occasions and could identify her voice. This clearly seems to meet the standards of admissibility. Notes: With voices, unlike lay handwriting id, you can study up on a voice for purposes of making the id (can't do that with lay handwriting)....can learn to identify the voice before or AFTER the crime....
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