Evidence-Wellborn SU2006 Outline

O baileys statement to his wife that he intended to

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Unformatted text preview: urder case, the victim's state of mind or emotion is in generally immaterial. And so a state of mind statement of the victim fails for that reason. Memory or belief statements prohibited (EXCEPT TESTATOR STATEMENTS!) Must be: "I am going to go meet so and so, or I feel scared." NOT: "so and so told me to meet him (memory), or I felt scared (memory)!" Testator statements special treatment applies only to a testator's statement that "Relates to the execution, revocation, identification, or terms" of the will. It does not extend, for example, to a statement concerning the conduct of others influencing the terms of the will. NORTON v. STATE [Hearsay Exceptions; Availability of Declarant Immaterial; Statements of declarant's present state of mind offered to prove subsequent conduct of the declarant in accordance with the state of mind TEXAS CASE] Facts: Norton convicted of the murder of Bill Bailey. Norton shot and killed two men at 6 am in his place of business. Then called the police and requested an ambulance. State's theory was that Norton killed Bailey in order to relieve himself of several loan guarantees that h...
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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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