Topic
Hearsay
405 published works
Philadelphia Criminal Defense Blog
PA Superior Court: Hearsay from Confidential Informant Admissible at Preliminary Hearing if Commonwealth Asserts CI Will Testify at Trial
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire The Pennsylvania Superior Court has decided the case of Commonwealth v. Sutton, holding that the Commonwealth may introduce hearsay evidence as to…
EvidenceProf Blog
Court of Appeals of Alaska Finds State Rule of Completeness Trumps the Rule Against Hearsay
By Colin Miller
Federal Rule of Evidence 106 used to state thatIf a party introduces all or part of a statement, an adverse party may require the introduction, at that time, of any…
EvidenceProf Blog
Eighth Circuit Finds Testimony at Plea Hearing to be Inadmissible Hearsay
By Colin Miller
Assume that a defendant testifies at a plea hearing in a way that incriminates himself and tends to exonerate someone else. If that other person is later prosecuted and the…
EvidenceProf Blog
How Much Time Can Pass Before a Present Sense Impression is Given?
By Colin Miller
Similar to its federal counterpart, Texas Rule of Evidence 803(1) provides an exception to the rule against hearsay forA statement describing or explaining an event or condition, made while or…
Simple Justice
Circumventing Confrontation By Burying Bruton
In a curious twist of logic, Josh Blackman recounts when Nino Scalia was asked which of his decisions he was most proud of. When I was a 2L, I attended…
Tort Talk
Information From GPS System Found Not to be Hearsay (Criminal Court Decision)
In the case of Commonwealth v. Wallace, No. 93 MAP 2021 (Pa. Feb. 22, 2023)(Op. by Todd, C.J.)(Wecht, J. Concurring), the Pennsylvania Supreme Court held that a global positioning…
Canadian Lawyer Mag
SCC rules from bench on case about the admissibility of hearsay evidence in sexual assault trial
An intervenor says appellate reviews should maintain same standard for all offences
Virginia Family Law Journal
Exception to Hearsay Rule Allowed – but Trial Court Errs in Striking Irresistible and Impulse Insanity Defense in Wife’s Murder!
By Rob Hagy
COURT OF APPEALS OF VIRGINIAPresent: Judges Fulton, Ortiz and RaphaelArgued at Norfolk, Virginia -WILLIAM WINN KHINEOPINION BYv. Record No. 0900-21-1 JUDGE STUART A. RAPHAEL SEPTEMBER 13, 2022COMMONWEALTH OF VIRGINIAFROM THE…
Tort Talk
Court Addresses Hearsay Within Hearsay Issues
Is that hearsay?In response to a post-trial motion filed in the case of Huertas v. El Bochimche Restaurante, Oct. Term, No. 02851 (C.P. Phila. Co. 2022 Hill, J.), the court…
School Law
CAS Legal Mailbag Question of the Week – 9/15/22
Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag: Unbeknownst to me, one of the students in my school has been bullying another student so severely that expulsion seems to…