Evidence-Wellborn SU2006 Outline

The declarant testifies at the trial or hearing and

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Unformatted text preview: w and behold it opens the safe? Not offered for the truth of the matter asserted, that Joe has been taught to open a particular safe, rather offered to show he had knowledge of the combination? Still a fine fine fine fine fine line! He doesn't think there is an easy answer to this case....thinks it is a subtle problem Another example of circumstantial evidence of declarant's state of mind: Witness testifying that D was incapable of forming rational intent, or rational reasoning which would preclude operation of the personal animosity exception from third-party assault cases involving worker's compensation. o Witness' testimony as to Ds seeing things flying in the air was not hearsay. Her testimony about his hallucinations was not offered to prove the truth of his statements, but to show that he made the statements which were relevant to the issue of his mental condition. Much more clear here that this is not hearsay than in the Bridges v. State. HEARSAY EXCEPTIONS: 801(d)(1) Prior statement by witness (A) Inconsistent (B)...
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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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