Evidence-Wellborn SU2006 Outline

O seems to apply to pretty much any writing o its a

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Unformatted text preview: ent malfunction had caused the crash. Defense brought an investigative report by a Lt. Commander on order of the training squadron's commanding officer and pursuant to authority granted by JAG. o Report broken into sections labeled findings of fact, opinions, and recommendations. o Report said it was almost impossible to determine exactly what happened but did say it was most likely pilot error. Trial judge let in "opinions" in the report, court of appeals reversed. Issue: Is there a fact versus opinion dichotomy within the realm of what can be admitted as "factual findings."? Was it error to admit that entire report even though it included opinions? Holding: The opinions in the investigative report were admissible. Portions of investigatory reports otherwise admissible under Rule 803(8)(C) are not inadmissible merely because they state a conclusion or opinion. o Language of the rule does not compel us to reject the interpretation that "factual findings" includes conclusions or opinions that flow from a factual investigation. o The trustworthiness i...
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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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