Evidence-Wellborn SU2006 Outline

Williams v united states hearsay exceptions declarant

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Unformatted text preview: made a paraplegic; Jerry was not seriously injured Couple divorced and Jerry's whereabouts are unknown (unavailable good faith effort to find him under 804(a)) Margaret needs to show that Jerry was driving in order to recover under respondeat superior (b/c it was a company truck) Procedural Posture: Dispute at trial as to whether Margaret or Jerry was driving at time of accident. Court refused to allow Margaret to introduce evidence of: o An injury report Jerry filed out for Industrial Accident Board (admitting he was driving) o Inculpating statement Jerry made to Margaret Issue: Should the court have admitted the evidence of Jerry's injury report and statement to Margaret under the statement against interest exception? Was the statement sufficiently "against interest" as to be reliable? Holding: Both pieces of evidence should have been admitted: o The evidence offered by Margaret serves as a declaration against all three of the "interests" embodied in Texas Rules of Evidence 803(24): Pecuniary subjected himself to potential liability for negligenc...
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