Evidence-Wellborn SU2006 Outline

Added this third paragraph clearly because they

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Unformatted text preview: inal justice system do not lead to cases falling through because the witness can no longer recall the identity of the person he saw commit the crime." o All of the conditions of 801(d)(1)(C) were met here: Declarant testifies and is subject to cross-examination concerning the statement! This is all that is required under 801(d)(1) Notes: Appellant's Arguments: Identification must be corporeal, in the flesh, not photographic. o Response: Nowhere in text...legislative history makes clear that Congress intended "nonsuggestive photographic" as well as lineup, identifications. She failed to identify the correct person in court so now she can't introduce evidence that she identified a different person at an earlier time. (arguing that it must be the same identification). o "The Senate Report recognizes the possibility that there may be a "discrepancy between the witness' in-court and out-of-court testimony" and the House Report praises the amended Rule as a means of ensu...
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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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