Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

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Unformatted text preview: D's beeper asked: Did you get the stuff? And where is Dog? Assertion Implied belief: Nurse testifies that the victim says to the defendant "I didn't tell" Admissible in FRE, not admissible in Texas. Texas 801(c): An out-of-court statement is hearsay if it is offered to prove a matter implied by the statement as well as if it is offered to prove a matter explicitly asserted in the statement Implication that D was the one who did it....assertion not being offered for the truth of the matter asserted (whether or not D told) Assertion for implied belief. (not hearsay)...being offered for an implied belief...so you make a two step inference but it's not an assertion to prove the truth of the matter asserted. A lot like #4! Ex: The assertion Herlinda made was that Ybarra would not come home as long as the police were there. The statement was offered to prove that Ybarra lived at the house. Whether Ybarra would come home and, if not, why not, was not at issue in the trial. Therefore t...
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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 at Austin.

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