Evidence-Wellborn SU2006 Outline

Texas has provision making sure that the rule applies

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Unformatted text preview: (b)(3) FRE 804(b)(3): Hearsay Exceptions; Declarant Unavailable. (b) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: Statement Against Interest. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. Texas Rule as to statement against interest differs here in three respects: 1) Places the exception in Rule 803 eliminating the requirement of unavailability of the declarant! Key! Example: If I told my neighbor that I forced my wife to cheat on her tax returns (statement against 2) 3) pecuniary interest), can be offered by my wife's counsel even if I was available to testify in Texas (fed. rules would require that I be unavailable before the statement could be offered!) Extends the exception to a statement tended to "make the declarant an object of hatred, ridicule or disgrace" statement against social interest Corroboration requirement for statements against penal interest in cri...
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