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Funches v. Nevada
Nevada Supreme Court
2012 Nev. Unpub. LEXIS 169, 1-3, 2012 WL 436635 (2012)
Facts
Anthony Funches (defendant) was charged with kidnapping and battery resulting in substantial bodily harm. At trial, the prosecution (plaintiff) presented text messages sent by a witness. The witness had seen Funches and his codefendants changing their bloody clothes on the night in question. After seeing this, the witness went to sleep, and she then sent the text messages after she woke up approximately one or two hours later. The trial court admitted the text messages into evidence under the present-sense-impression exception to the hearsay rule. Funches was convicted, and he appealed, claiming that the text messages were inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning ()
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