Evidence-Wellborn SU2006 Outline

O content of the conconspirators statement itself may

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Unformatted text preview: b to tell the boss Apparent authority General agent authority o So it's both c & d these statements Old doctrine for c even a plainly authorized statement if it was not made to an outsider but rather was made to the boss, to a superior to another fellow employee that didn't qualify, but this is no longer the case. Hearsay Exceptions: Admission by a Party-Opponent Coconspirator [FRE 801(d) (2)(E)] FRE 801(d)(2)(E): Statements Which Are Not Hearsay. A statement is not hearsay if The statement is offered against a party opponent and is (E) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy. Co-conspirator admissions In general. More frequently used in criminal cases, but may arise in civil cases as well. Not necessary that a conspiracy be charged in the indictment or pleadings. If there is a charge of conspiracy, acquittal on the conspiracy charge does not render statements inadmissible under Rule 801(d)(2)(E). The conspiracy that forms the basis for admitting coconspirators' statements need not be the same...
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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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