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Contributed in 2009 by Peter Tillers
Last edited in 2009 by Joel Friedman
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Evidence
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Admissibility of evidence
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Hearsay
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Hearsay is inadmissible
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There are many hearsay exceptions
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Federal Rule 803 and comparable State rules create numerous hearsay exceptions
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Statements about states of mind or physical condition
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Federal Rule 803(1) or comparable State rule - present sense impression
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Must statement be spontaneous?
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Can statement be a non-spontaneous narrative?: Cross-reference
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A person's character, or propensity, is inadmissible to show that person's conduct on a specific occasion.Michelson v. United States, 335 U.S. 469, 475-476 (1948) ("Courts that follow the common law tradition almost unanimously have
come to disallow resort by the prosecution to any kind of evidence of a
defendant's evil character to establish a probability of guilt. Not
that the law invests the defendant with...
in support of
A person's character, or propensity, is inadmissible to show that person's conduct on a specific occasion.vouch for authority for rule...
A prior statement of a witness is exempt from the prohibition against hearsay evidence if the prior statement is consistent with the witness'...Cf. United States v. Trujillo, 376 F.3d 593, 611 (6th Cir. 2004) (holding that the trial court erred in admitting the hearsay statements because "Campos' and Rogensues' prior consistent statements were made after they had....
in support of
A prior statement of a witness is exempt from the prohibition against hearsay evidence if the prior statement is consistent with the witness' testimony at the trial or hearing at which the prior statement is offered, the prior statement is offered to rebut a express or implied charge of recent fabrication or motive, and the witness who made the prior statement testifies and is subject to cross-examination at the trial or hearing at which the prior statement is offered.
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A duplicate of an original is admissible to the same extent as the original if (1) there is no genuine question about the authenticity of the...Fed. R. Evid. 1003 ("A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.").
in support of
A duplicate of an original is admissible to the same extent as the original if (1) there is no genuine question about the authenticity of the original, and (2) admission of the duplicate in lieu of the original is not unfair.