Evidence-Wellborn SU2006 Outline

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Unformatted text preview: ank shot." Issue: Was Green's silence after Mrs. Green's statement an adoptive admission so as to allow the evidence of Mrs. Green's statement under 801(d)(2)(B)? Holding: This evidence should not have been admitted, Mr. Green's silence after the statement was made was not an adoptive admission. o "Here, the only circumstance suggesting that d adopted the incriminating statement of his wife was his failure to respond. His silence, at best a neutral factor, must be weighed against the uncontroverted facts that he knew Eunice had a gun, that a heated domestic dispute over another women was in progress, and that Eunice had threatened to cut his dick off minutes before. In these circumstances, we conclude that D was not free from emotional impediments to an immediate response; hence, Clark's testimony was not admissible." Notes: Example of a plausible use of admission by silence North Carolina case for bastardy...is this guy the father of Snookums? Witness is a social worker, says I am in the house...I say...
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