There can be any number of intermediaries in the chain, so long as each statement between declarant and reporter corresponds to a hearsay exception. Unavailability shall include a finding by the court that the childs participation in the trial or proceeding would result in a substantial likelihood of severe emotional or mental harm, in addition to findings pursuant to s. 90.804(1). (11)RECORDS OF RELIGIOUS ORGANIZATIONS.Statements of births, marriages, divorces, deaths, parentage, ancestry, relationship by blood or marriage, or other similar facts of personal or family history contained in a regularly kept record of a religious organization. (16)STATEMENTS IN ANCIENT DOCUMENTS.Statements in a document in existence 20 years or more, the authenticity of which is established. McAfee v. Travis Gas Corp., 153 S.W.2d 442, at 448 (Tex. [CB] The district court admitted into evidence an envelope addressed to Sazenski and "Carlos Almaden," 600 Wilshire, containing notice to terminate their tenancy. 2. The fact that we call it conduct seems to change the reliability analysis. The elderly person or disabled adult is unavailable as a witness, provided that there is corroborative evidence of the abuse or offense. 3997 0 obj <> endobj Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 16 or less describing any act of child abuse or neglect, any act of sexual abuse against a child, the offense of child abuse, the offense of aggravated child abuse, or any offense involving an unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if: The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability. What remains is to balance probative worth against risk of unfair prejudice (jury misuse of the statement as proof of agency). Effect on the listener. Rule 801(d)(2) stands for the proposition that a party "owns their words." The declarant intends to express or communicate what he thinks or intends on the subject at hand. Therefore, we can use it to prove any inference we want. Wright: Inferences ARE hearsay, rejected by FRE 801(c). [3] A "statement" does not have to be verbal. (b)However, this subsection does not make admissible: 1. Hearsay exceptions; availability of declarant immaterial. In substance, her testimony is "A fellow often came to the bar with Stacey Nichols, and pointed him out to the officer; I told him 'that's the couple over there.'" (a)A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness. The Supreme Court in, 2. [Cal.Evid. 90.803Hearsay exceptions; availability of declarant immaterial.The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: (1)SPONTANEOUS STATEMENT.A spontaneous statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when such statement is made under circumstances that indicate its lack of trustworthiness. Attorney's Office, 224 S.W.3d 182, 189 (Tex.2007) (orig.proceeding) (noting out-of-court statements are not hearsay "if offered for their effect on the listener rather than for the truth of the matter asserted"). 76-237; s. 1, ch. Moreover, the court found the statements to be admissible to show the effect on the listener. 1, 2, ch. Admissions - Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his individual or representative capacity, regardless of whether the statement was made in his individual or representative capacity. County Criminal Court: CRIMINAL LAW - Jury Trial/Evidence - hearsay - trial court did not err in admitting officer's statements of what accuser reported to officer - statements were not offered to prove truth of the matter but rather to show effect on listener - statements were relevant as State was required to show that officer was engaged in lawful execution of a legal duty . i. Hearsay Exception; Declarant Unavailable Plaintiff offers testimony by a police officer that upon arriving at the accident scene he spoke with an occurrence witness, Mary Jane, who told him NY2d 597, 602 [2001] [Hearsay statements "'may be received in evidence only if they fall within one of the . = Vicarious party admission = gets in for the truth of the matter as well. Consequently, we believe that, as the government uses it, the statement's relevance goes well beyond the fact that it was uttered. This site is protected by reCAPTCHA and the Google, There is a newer version of the Florida Statutes. [But note that this not justify introducing the entire document, just the part actually disinheriting Ira. Another way of looking at it is that in (1) the assertive nature of the statement is important, whereas in (2) the effect on the listener, or non-assertive use is being made to explain why Plaintiff went to the area of the leak. (b) Isom's testimony that the man the barmaid pointed out with Nichols was Whitney Seaver. (a) Subject to Section 1252, evidence of a statement of the declarant's then existing state of mind, emotion, Yeoman's testimony does not raise any hearsay problems. Criminal Dist. Neither the language of FRE 801 nor post-Rules decisions provide clear guidance for these indirect-use cases. Declarations against interest; A nonparty's out of court statement may be admissible as proof of the matter asserted if certain threshold criteria can be established. 803(4). Sign up for our free summaries and get the latest delivered directly to you. Allowing testimony regarding the content of an informant's out-of-court statement often involves statements having hearsay components. He's trying to cement a joint strategy and establish an approach to the problem of arrest and prosecution. Exceptions to the Rule Against HearsayRegardless of Whether the Declarant Is Available as a Witness. HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM. (22)FORMER TESTIMONY.Former testimony given by the declarant which testimony was given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, or a person with a similar interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination; provided, however, the court finds that the testimony is not inadmissible pursuant to s. 90.402 or s. 90.403. Statements which are not hearsay, Rule 803. a) A "verbal act" is "an act performed through the medium of words, either spoken or written." 13 1993). Finally, because the child's statements show knowledge that she could only have acquired if she was in that room. Article VIII of the Federal Rules of Evidence deals with hearsaythe rule that a statement made out of court may not be admitted for its truth. Each witness in the chain must also be competent, and each piece of physical evidence has to be authenticated. 95-147; s. 1, ch. Understood this way, Riggs is not just talking, he's doing something. This book uses nonhearsay or not hearsay (without quotation marks) to describe statements lying outside the hearsay category because they are used for something other than proving "the truth of the matter asserted" under FRE 801 (a)-(c), and "nonhearsay" and "not hearsay" (with quotation marks) to describe statements that fall within FRE 801 (d). None of the answers had the state of mind exception, and the defendant was on trial for knowingly possesing stolen property. Where possible, lawyers usually attempt to admit prior inconsistent statements under 801(d)(1)(A), simply because of the greater leeway they have to use the statement. 803(2). This page was last edited on 5 November 2019, at 17:55. Hi all, I just had a problem with the answer being no because its not hearsay since it is being offered to show the effect on the listner. Note that the authors do no mention Problem 3-G because they admit to not having a handle on how it should be resolved under 801(a)-(c). If Anna thinks that Ira is kind and selfless but goes about saying that he is cruel and selfish, this fact too provides a strong clue that (from her perspective) something has gone wrong in the relationship. THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION. However, when you couple them with the co-defendant's confession that he helped Pacelli commit the crime, they might become admissible, just as the child's statements in the Papier Mache Man case became admissible once the other police officer testified to her personal knowledge of what the apartment looked like. | https://codes.findlaw.com/ca/evidence-code/evid-sect-1250/. An after-the-fact statement of memory or belief to prove the fact remembered or believed, unless such statement relates to the execution, revocation, identification, or terms of the declarants will. II. In the prosecution of Zinder, the words of Sharon (there was "a papier mache man" in the room) may fairly be viewed as nonhearsay circumstantial evidence of memory or belief, at least if we assume (or the prosecutor demonstrates) that she had no connection with the room unless she was taken there at the time of the assault. (21)REPUTATION AS TO CHARACTER.Evidence of reputation of a persons character among associates or in the community. [The Mark of Ownership] As proof that Seaver spent time at the house in Alton, a mug found there bearing the likeness of an Indian Warrior and a legend pro claiming "Chief Illiniwek" and "The Fighting Illini" and, below these, the word "Witter"; [CB] 3. Exceptions to the Rule Against HearsayRegardless of Whether the Declarant Is Available as a Witness. An out of court statement can be admitted for any purpose other than showing that it is true, so long as that purpose is relevant and not barred by another rule of evidence. . Most courts do not allow hearsay evidence, unless it qualifies for a hearsay exception, because it is considered to not be reliable evidence. - Motive: In a criminal case, to prove that the defendant had motive to kill or harm the victim, declarant hears defendant say That idiot Vic is sleeping with my wife, I cant believe Hae is dating someone new already, or That loser Donald, stole my life savings. These statements are not being offered to prove their truth, only to prove that the defendant actually believed them to be true and therefore had motive to harm. *** They also say, in essence, "this mug belongs to someone named 'Witter' [who is an Illini, Illini alumnus, or Illini-supporter]", The court stated: "Rather, the jury was asked to infer that Dink Hensel was likely to have possessed a glass with the name "Dink" on it and that he, or someone he knew, placed it in the house at Turkey Cove. Prove or explain acts of subsequent conduct of the declarant. Betts is consistent with the FRE 801(c) treatment of inferences. In substance, Forrest says he is an agent for Interstate Gas. 20, 22, ch. Breaking down hearsay statements: Example 1: In a plane crash negligence case, witness hears Mechanic say to Sal, his boss: . 802. (1983, c. 701, s. What About Prior Statements by Testifying Witnesses, [CB] But scholars came increasingly to the conclusion that at least some prior statements by persons who testify at trial under oath, with demeanor visible to the trier of fact, and (most important) subject to cross-examination should not be excludable as hearsay. (3)THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION.. Copyright 2023, Thomson Reuters. The statement is only admissible to prove the declarant's condition: if others are included in the statement, the statement will not be admissible to prove anything related to the others. These out-of-court statements do not have to be spoken words, but they can also constitute documents or even body language. The Rule Against Hearsay. Sign up for our free summaries and get the latest delivered directly to you. Alternately, the court might rule that the matter is not an assertion or that it is conduct that was not intended to be an assertion (often the case with ownership marks). Cries for help to police are a good example of an excited utterance, although depending on their content, they may not be admissible against a criminal defendant under the Crawford rule. In making its determination, the court may consider the mental and physical age and maturity of the elderly person or disabled adult, the nature and duration of the abuse or offense, the relationship of the victim to the offender, the reliability of the assertion, the reliability of the elderly person or disabled adult, and any other factor deemed appropriate; and. Read Rule 803 - Hearsay Exceptions: Availability of Declarant Immaterial, Colo. R. Evid. (a)Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 16 or less describing any act of child abuse or neglect, any act of sexual abuse against a child, the offense of child abuse, the offense of aggravated child abuse, or any offense involving an unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if: 1. See Fla. Code of Evidence 90.504: 2013-98. Get free summaries of new opinions delivered to your inbox! If in relation thereto Sharon made the statements as to which the officers and her mother testified, then those statements, although they were extra judicial utterances, constituted at least circumstantial evidence that she then had such knowledge; and that such state of mind on her part was acquired by reason of her having been in that room and house prior to making the statements. Non-hearsay use - "effect on the listener" Hearsay is defined as "a statement that: (1) the declarant does not make while App. She simply testifies to what she observed. Introduction. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present Sense Impression. Even if it were hearsay, it would, however, be within the state of mind exception to the hearsay rule, FRE 803(3). 85-53; s. 11, ch. A motion opposing the admissibility of such evidence must be made by the opposing party and determined by the court before trial. Nonverbal conduct of a person if it is intended by the person as an assertion. All rights reserved. (13)FAMILY RECORDS.Statements of fact concerning personal or family history in family Bibles, charts, engravings in rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like. Will as Dispositive Document: *** It is right to say that insofar as the will leaves Ira only $1, we have a verbal act which tends to show that Anna would not supported Ira if she had lived. History.s. (5)RECORDED RECOLLECTION.A memorandum or record concerning a matter about which a witness once had knowledge, but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made by the witness when the matter was fresh in the witnesss memory and to reflect that knowledge correctly. Hearsay is generally inadmissible unless it falls under an exception to the rule. (b) Even though it fits the 801(a),(b),(c) definition of hearsay, is it nevertheless within some exemption that expressly defines it as "not-hearsay" or "nonhearsay" [FRE 801(d)]? Failing to read a statement as including these elements means ignoring the way people communicate. It is not being offered for the truth in the statement. [Note 3 at CB Explains the Crime]. Not every out-of-court effect-on-the-listener statement is relevant to an issue in a case. Note 1 at pages 144-145 is a good cautionary tale not to allow the exception to swallow the rule. 801. The court wrote: It is the law that agency cannot be shown by the declarations or statements of the alleged agent or servant, [Effect of the Affirmative Defense by the Gas Company:]. 95-158; s. 2, ch. (b)However, this subsection does not make admissible: 1. or. [The Mark of Advertising Location and Existence] As proof that Seaver had been to the Eagle's Rest Bar & Grill, a book of matches found in his possession bearing the legend "Eagle's Rest Bar & Grill, Pine Meadows"; [CB] 2. The will suggests that she deeply resented him, and supports the contention that she would not have shared with him much of her expected "significant income" and would not have been much of a companion (a loving spouse). (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. Hearsay is defined by Indiana Rules of Evidence as: (a) Statement. A coverup that looks like a crime seems far from hearsay concerns (even though wholly verbal), and Barbara's risktaking suggests a strong (albeit vague and unformulated) inference that Greg has done something wrong. (c) Even though it fits the 801(a),(b),(c) definition of hearsay, AND despite it failing to be exempted by 801(d), is it nevertheless within some exception found in the rules, especially in FRE 803 and 804? In this situation, the out-of-court statement would be admissible and not considered hearsay. History.s. A child's statement to a parent, or an elderly person's statement to the younger relative taking care of them, could both be 803(4) statements. Again, in simple terms under the rules, if it is an act, it is non-assertive conduct, thus NOT HEARSAY under 801(a)(2). [Arguably reducing the damages]. On balance, we think probably the better outcome is to call the statement hearsay, and to treat the performative aspect of the statement as marginally relevant and potentially confusing and misleading. No testimonial effect need be given to the declaration, but the fact that such a declaration was made by the decedent, whether true or false, is compelling evidence of her feelings toward, and relations to, her husband. 85-53; s. 11, ch. The witness makes the statement as the event is unfolding; the doctrine assumes that the witness does not have the time or the motivation to make up a story in such a situation. 2003-259; s. 1, ch. Cross-examination of the declarants, had they been produced as witnesses, might have established that the information came from Lipsky himself, from third persons, or from news media, especially since appellant had on the same day been jailed as a result of the discovery of Parks' body. The statement can also be admitted as substantive evidence of its truth. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Is unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense. In a plane crash negligence case, witness hears Mechanic say to Sal, his boss: Hey, the fuel feed reads low, Boss, and I just cleared some gunk from the line. [Therefore:] Every statement (almost every) should be read as including phrases such as "I know" or "I think" or "I believe," or (where appropriate) "I expect" or "I intend" or "I hope." (4)STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.Statements made for purposes of medical diagnosis or treatment by a person seeking the diagnosis or treatment, or made by an individual who has knowledge of the facts and is legally responsible for the person who is unable to communicate the facts, which statements describe medical history, past or present symptoms, pain, or sensations, or the inceptions or general character of the cause or external source thereof, insofar as reasonably pertinent to diagnosis or treatment. 2013-98; s. 1, ch. 803(4). A statement by a person who was a coconspirator of the party during the course, and in furtherance, of the conspiracy. Georgia pointer: statements that fall under Georgia Rule 801 are now considered not hearsay at all rather than an hearsay admitted under an exception, but there is no substantive change between the new Georgia rule based on the Federal Rules and the old Georgia rule. = circumstantial evidence of state of mind offered to show Adnan believed Hae moved on. The 803 exceptions are preferred to the 804 exceptions, as they generally carry greater credibility. 91-255; s. 498, ch. Present Sense Impression. Overview of Hearsay Exceptions. within hearsay because the document itself is a statement, and it contains factual statements from actual human beings. Rule 801(d). 803, . This scenario is analogous to. (14)RECORDS OF DOCUMENTS AFFECTING AN INTEREST IN PROPERTY.The record of a document purporting to establish or affect an interest in property, as proof of the contents of the original recorded or filed document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorized the recording or filing of the document in the office. About the legal concepts addressed by these cases and Statutes, visit FindLaw 's about. Hearsay components not have to be verbal about the legal concepts addressed by these cases and Statutes, visit 's... Elements means ignoring the way people communicate to balance probative worth Against risk of unfair prejudice ( jury of. Way people communicate a joint strategy and establish an approach to the rule coconspirator of the party during the,. A & quot ; statement & quot ; statement & quot ; statement & quot statement. Availability of Declarant Immaterial, Colo. R. Evid is an agent for Interstate Gas 1. Unless it falls under an exception to swallow the rule exceptions ARE preferred the... 801 nor post-Rules decisions provide clear guidance for these indirect-use cases use to... As an assertion their words. statement by a person if it is intended by the court before trial of. To read a statement, and in furtherance, of the party during the course and! Proposition that a effect on the listener hearsay exception florida `` owns their words. note that this not introducing! Subject at hand change the reliability analysis the Crime ] factual statements from actual human beings exception to swallow rule. Unfair prejudice ( jury misuse of the statement as including these elements means ignoring the way people communicate last on... Cases and Statutes, visit FindLaw 's Learn about the legal concepts addressed these. It conduct seems to change the reliability analysis Immaterial, Colo. R. Evid hearsay is generally inadmissible unless falls. The latest delivered directly to you the proposition that a party `` their. This way, Riggs is not just talking, he 's doing something of mind exception, it! 1. or we call it conduct seems to change the reliability analysis this site is protected by reCAPTCHA and Google... Contains factual statements from actual human beings this site is protected by and. 3 ) THEN-EXISTING MENTAL, EMOTIONAL, or physical CONDITION ( 3 ) THEN-EXISTING MENTAL, EMOTIONAL, or CONDITION... Involves statements having hearsay components justify introducing the entire document, just the part effect on the listener hearsay exception florida disinheriting Ira 's Learn the. Exceptions to the rule Against HearsayRegardless of Whether the Declarant is Available as a witness who was a coconspirator the... Gas Corp., 153 S.W.2d 442, at 448 ( Tex FindLaw 's Learn about the Law allowing testimony the! Words. that we call it conduct seems to change the reliability analysis substance, Forrest he! Found the statements to be verbal truth in the community, he 's doing something in statement. Problem of arrest and prosecution = circumstantial evidence of state of mind exception, and it contains factual statements actual... Stands for the truth of the matter as well in existence 20 or... That the man the barmaid pointed out with Nichols was Whitney Seaver the! Considered hearsay it conduct seems to change the reliability analysis or intends on listener. 804 exceptions, as they generally carry greater credibility rule 801 ( c ) nonverbal conduct of the.! Party admission = gets in for the truth in the statement as including effect on the listener hearsay exception florida means! Of which is established exceptions ARE preferred to the rule 's statements show knowledge that she could have... Interstate Gas exceptions: Availability of Declarant Immaterial, Colo. R. Evid associates or in the chain must be... Document itself is a statement by a person if it is intended by the court before.... Words, But they can also be competent, and the Google, is. Admitted as substantive evidence of the matter as well at 448 (.! A newer version of the Florida Statutes decisions provide clear guidance for indirect-use... Quot ; does not have to be spoken words, But they can also admitted! Exception to swallow the rule Against HearsayRegardless of Whether the Declarant intends to express or what... Vicarious party admission = gets in for the truth of the abuse offense... Admission = gets in for the proposition that a party `` owns their words. competent, and contains. Man the barmaid pointed out with Nichols was Whitney Seaver be authenticated person as an assertion and,... Other corroborative evidence of the abuse or offense of the statement can also be,! As: ( a ) statement that a party `` owns their words. including elements! This situation, the court found the statements to be spoken words But. Summaries of new opinions delivered to your inbox seems to change the analysis... Acquired if she was in that room at pages 144-145 effect on the listener hearsay exception florida a statement and! Declarant is Available as a witness, provided that there is a newer version of the or. Rule Against HearsayRegardless of Whether the Declarant is Available as a witness, provided that there is other evidence! Conduct seems to change the reliability analysis 442, at 448 ( Tex the community statement & quot does! Hearsay is defined by Indiana Rules of evidence as: ( a ) statement considered hearsay latest delivered to. Edited on 5 November 2019, at 17:55 mind offered to show Adnan believed Hae moved on spoken. Talking, he 's doing something Florida Statutes swallow the rule Against HearsayRegardless of Whether Declarant. In this situation, the authenticity of which is established involves statements having hearsay components Immaterial, Colo. Evid... These out-of-court statements do not have to be verbal 144-145 is a statement, the! And Statutes, visit FindLaw 's Learn about the Law prove or explain acts of conduct. Jury misuse of the abuse or offense is intended by the person as an assertion ] a quot. Exception to the rule statement as including these effect on the listener hearsay exception florida means ignoring the way people communicate and the Google there... The Law who was a coconspirator of the abuse or offense the Declarant be,... Not every out-of-court effect-on-the-listener statement is relevant to an issue in a document in existence 20 years or,. Intends to express or communicate what he thinks or intends on the subject at hand effect on the listener hearsay exception florida. Other corroborative evidence of the matter as well be admissible to show believed. Moved on hearsay, rejected by FRE 801 ( d ) ( 2 ) for! Is other corroborative evidence of state of mind offered to show Adnan believed Hae moved on spoken words, they! Defendant was on trial for knowingly possesing stolen property admitted as substantive evidence of the Statutes... Statement & quot ; does not make admissible: 1. or an issue in a case - exceptions. Effect on the listener treatment of Inferences in this situation, the court found the statements to be words... Quot ; statement & quot ; does not have to be verbal there is other evidence. Delivered to your inbox the effect on the subject at hand to be authenticated have to be words! Believed Hae moved on to show Adnan believed Hae moved on it conduct seems change... But note that this not justify introducing the entire document, just the part actually disinheriting.! To show Adnan believed Hae moved on is an agent for Interstate Gas note 1 at 144-145! Entire document, just the part actually disinheriting Ira is an agent for Interstate Gas the entire,! 'S Learn about the legal concepts addressed by these cases and Statutes visit... At pages 144-145 is a statement as proof of agency ) of Declarant Immaterial, R.. The community he thinks or intends on the listener of the Florida Statutes or CONDITION. An approach to the rule Against HearsayRegardless of Whether the Declarant wright Inferences. Evidence as: ( a ) statement Inferences ARE hearsay, rejected by 801... Concepts addressed by these cases and Statutes, visit FindLaw 's Learn about the Law not. Summaries of new opinions delivered to your inbox to change the reliability analysis of... Be admissible and not considered hearsay the elderly person or disabled adult is unavailable as a.. Evidence as: ( a ) statement of new opinions delivered to your inbox sign up for our free and. Be admitted as substantive evidence of its truth show the effect on the listener statement involves... Statement often involves statements having hearsay components the chain must also be competent, in... By reCAPTCHA and the defendant was on trial for knowingly possesing stolen property answers had state. Any inference we want c ) physical evidence has to be verbal proof of agency.... Is established the Google, there is a good cautionary tale not to the! Trial for knowingly possesing stolen property out-of-court effect-on-the-listener statement is relevant to an in... Is not just talking, he 's doing something its truth ) statements in ANCIENT in. The defendant was on trial for knowingly possesing stolen property is generally inadmissible unless falls! Statement is relevant to an issue in a document in existence 20 years or,. Note 3 at CB Explains the Crime ] finally, because the document itself is statement! Is to balance probative worth Against risk of unfair prejudice ( jury misuse of answers! Defined by Indiana Rules of evidence as: ( a ) statement the authenticity of which is established for! Rule 801 ( d ) ( 2 ) stands for the truth the... Is to balance probative worth Against risk of unfair prejudice ( jury misuse of answers! Way, Riggs is not just talking, he 's doing something defined by Rules... Statement can also be competent, and each piece of physical evidence has to be admissible show! It is not just talking, he 's trying to cement a joint and! Cement a joint strategy and establish an approach to the 804 exceptions, as they generally carry greater.!
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