Topic
Hearsay
406 published works
EvidenceProf Blog
Court of Appeals of Mississippi Find Statement Against Interest Inadmissible Under Rule 804(b)(3)(B)
By Colin Miller
Similar to its federal counterpart, Mississippi Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay forA statement that:(A) a reasonable person in the declarant’s position would have…
EvidenceProf Blog
Pennsylvania Opinion Notes That the Keystone State Doesn’t Have a Learned Treatise Hearsay Exception
By Colin Miller
Federal Rule of Evidence 803(18) provides an exception to the rule against hearsay forA statement contained in a treatise, periodical, or pamphlet if:(A) the statement is called to the attention of…
EvidenceProf Blog
Article of Interest: “The Modest Impact of the Modern Confrontation Clause,” by Jeffrey Bellin & Diana Bibb
By Colin Miller
Jeffrey Bellin (William & Mary) and Diana Bibb (William & Mary) have posted "The Modest Impact of the Modern Confrontation Clause" (Tennessee Law Review, forthcoming) on SSRN. Here is the…
Paul W. Mollica Federal Courts Blog
Sixth Circuit Holds Computer-Generated Log of Faxes Were Not Hearsay, But Were Properly Excluded for Lack of Authentication
In Lyngaas v. Curaden AG, No. 20-1199 (6th Cir. Mar. 24, 2021), a Telephone Consumer Protection Act (TCPA) class action, the court affirms the district court’s orders concerning the admissibility…
On Point
Challenge to removal of juror forfeited, but Machner hearing required on hearsay issue
By Wisconsin State Public Defender
State v. Robert Daris Spencer, 2018AP942-CR, District 1, 3/9/21 (not recommended for publication); case activity (including briefs) Spencer challenges the trial court’s decision to dismiss a juror for cause just…
EvidenceProf Blog
Military Court Applies Forfeiture by Wrongdoing Exception in Murder Case
By Colin Miller
Similar to its federal counterpart, Military Rule of Evidence 804(b)(6) provides an exception to the rule against hearsay forA statement offered against a party that wrongfully caused or acquiesced in…
EvidenceProf Blog
Court of Appeals of Indiana Finds Child Molestation Victim’s Forensic Interview Was Admissible as a Recorded Recollection
By Colin Miller
Similar to its federal counterpart, Indiana Rule of Evidence 803(5) provides an exception to the rule against hearsay forA record that:(A) is on a matter the witness once knew about…
EvidenceProf Blog
Superior Court of Pennsylvania Finds Trial Court Improperly Precluded Defendant From Impeaching Declarant
By Colin Miller
Similar to its federal counterpart, Pennsylvania Rule of Evidence 806 states thatWhen a hearsay statement has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by…
EvidenceProf Blog
Superior Court of Pennsylvania Concludes That GPS Data is Not Hearsay
By Colin Miller
Similar to its federal counterpart, Pennsylvania Rule of Evidencee 801(a)-(c) state the following:(a) Statement. ‘‘Statement’’ means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as…
EvidenceProf Blog
California’s Contemporaneous Statements Exception v. the Present Sense Impression Exception
By Colin Miller
Federal Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived…