Evidence-Wellborn SU2006 Outline

Legislative history makes clear that congress

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Unformatted text preview: also argues that once the witness failed to identify the correct person in court, she waived the right to introduce the evidence that identified a different person at an earlier time (arguing that in order to bring in a previous identification, the identification must be the same). Issue: Was Agent Farrell's testimony that the witness had previously identified D from a photographic lineup, admissible under 801(d)(1)(C)? Holding: Testimony was properly admitted under 801(d)(1)(C) o 801(d)(1)(C) applies to identifications made in a variety of contexts: "We can see no sound principle for construing identification of a person to exclude identification by photograph." o Prior identification does not have to be consistent with testimony in court: "The Senate Report recognizes the possibility that there may be a discrepancy between the witness's in-court and out-of-court testimony and the House Report praises the amended rule as a means of ensuring that "delays in the crim...
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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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