Evidence-Wellborn SU2006 Outline

Statement must be more probative on the point for

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Unformatted text preview: hich the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interest of justice will best be served by admission, of the statement into evidence. o Statement may not be admitted unless proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it. TEXAS DOES NOT HAVE A RESIDUAL EXCEPTION! Too murky! Texas deleted the residual exceptions altogether: Despite the purported safeguards, there was a serious risk that trial judges would differ greatly in applying the elastic standard of equivalent trustworthiness....would also be doubt whether an affirmance of an admission of evidence under the catch-all provision amounted to the creation of a new exception with the force of precedent or merely a refusal to rule that the trial judge had abused his discretion. Trial courts are accorded wide discretion in applying the residual exception! "The relevant benchmark is not how we would have ruled had we been standing in the trial judge's shoes, but rather "whether any reasonable person c...
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