Evidence-Wellborn SU2006 Outline

Thinks it is a subtle problem another example of

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Unformatted text preview: we only want to show her state of mind, and her state of mind is memory. evidence would probably be admissible under 801(d)(1)(b): all a case about identification the main thing the defense counsel is going to do is challenge the identification. Going to try and paint the picture that the grown-ups pre-judged b/c he is a usual suspect and when they questioned the girl they planted these things in her mind. So its hearsay but it is admissible under 801(d)(1)(b) (?) 801(d): hybrid statements that look like hearsay in some ways, but loose that taint. Not "exceptions", but "exemptions" from the Hearsay rules. THIS THEORY IS FLAWED: This is a statement, the relevancy depends upon it's truth, it's accuracy all these things Offered to prove the truth of the matter asserted: That she was in his house. But he says there is another side: What if the question is has Joe been taught how to open a particular safe? He says combination is 28-51-6, and then you go and do it and lo...
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