Topic
Witness Availability
7 published works
EvidenceProf Blog
Supreme Court of Utah Finds Mother at Home w/Newborn on Oxygen & a Heart Monitor Wasn’t “Unavailable” for Hearsay Purposes
By Colin Miller
Like its federal counterpart, Utah Rule of Evidence 804(b)(1) allows for the admission of "former testimony" by an unavailable declarant, including a declarant who "cannot be present or testify at…
EvidenceProf Blog
When is a Witness Unavailable to Testify at Trial Due to Mental Illness?
By Colin Miller
Similar to its federal counterpart, Idaho Rule of Evidence 804(b) contains hearsay exceptions that apply if the declarant is "unavailable." In turn, Idaho Rule of Evidence 804(a)(4) states that a declarant…
EvidenceProf Blog
Are Rule 803 Hearsay Statements More Reliable Than Rule 804 Hearsay Statements?
By Colin Miller
As I was reviewing the Advisory Committee's Notes to Federal Rules of Evidence 803 and 804 yesterday, I came across something that I have never noticed before. And what I noticed has led me…
EvidenceProf Blog
Service Unavailable Error?: Court Of Appeals Of Ohio Finds Witness Unavailable Under Rule 804(A)(5)
By Colin Miller
Similar to its federal counterpart, Ohio Rule of Evidence 804(A)(5) provides that a witness is "unavailable" if heis absent from the hearing and the proponent of the declarant's statement has been unable…
EvidenceProf Blog
Memory Loss: Court Of Appeals Of Louisiana Deems Officer Who Was Shot & Had Stroke “Unavailable”
By Colin Miller
Similar to its federal counterpart, Louisiana Rule of Evidence 804(b)(1) provides a hearsay exception for Testimony given as a witness at another hearing of the same or a different proceeding, if the party…
EvidenceProf Blog
Don’t Be Tardy: Western District Of Michigan Finds State Court Properly Deemed Witness For Prosecution “Unavailable”
By Colin Miller
Federal Rule of Evidence 804(a)(5) provides that a declarant is "unavailable" if heis absent from the hearing and the proponent of a statement has been unable to procure the declarant's attendance…
EvidenceProf Blog
Unavailable For A Limited Time Only: Court Finds Co-Defendant Status Renders Declarant “Unavailable” Under Rule 804(a)
By Colin Miller
The Colorado Court of Appeals' recent opinion in People v. Reed, 2008 WL 323773 (Colo.App. 2008), contains an interesting interpretation of Colorado Rule of Evidence 804, Colorado's counterpart to Federal…