O 5 official publications a book pamphlet or other

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o (5) Official Publications. A book, pamphlet, or other publication purporting to be issued by a public authority. o (6) Newspapers and Periodicals. Printed material purporting to be a newspaper or periodical. o (7) Trade Inscriptions and the Like. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control. o (8) Acknowledged Documents. A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments. o Authentication of Writings Yardstick = 901(a): Evidence sufficient to find the evidence is what the proponent claims it to be Signature is not enough. Authentication by Testimony Easiest way: Bring in the author or someone who witnessed the writing. Can also bring in testimony by someone who knows the writing or an expert. Authentication by Reply Letter 901(b)(4): The contents or other distinctive characteristics of the item, taken together with all the circumstances Authentication by Distinctive Characteristics Including person information in the letter is distinctive Letterheads are considered distinctive. o Identification of Speakers Authenticating Voice Telephone o Same standard, 901(a), evidence sufficient to support a finding Page 64 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar o 901(b)(6): Telephone Convo – (A) answering and saying that person is not there implies that that person lives there, so it would come in. o Personal knowledge is always enough under 901. o 901(b)(4) distinctive characteristics may be used. Tape Recordings o Seven-part test for admissibility: Recording device is capable of recording the conversation offered into evidence Operator of the device was competent with the device Recording is authentic and correct No changes, additions, deletions have been made Recording has been preserved in a manner that is shown to the court The speakers are identified The conversation elicited was made voluntarily and in good faith, without inducement o Transcripts of tape recordings Generally, if both parties agree to the accuracy, the jury can have it while listening to the recording, but can’t go back to the jury room because the evidence is the tape recording o Identification of Photographs Foundation for admissibility of photographs Bergner v. State o A witness who can state the photo is a true and accurate representation of what it is intended to depict; o Relevance; and o Some jurisdictions require that it aid the jurors in understanding the evidence. Automated photos require: o Equipment is in working order; o Info how the equipment works; o If operator knows how to use it; o If operator correctly operated it at the time of the event in question; o Film properly handled and developed o Can film be identified for time and date?
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