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1What is hearsay?
What is hearsay?2Can a hearsay statement be nonverbal?
Can a hearsay statement be nonverbal?3What is the truth of the matter asserted for purposes of the hearsay rule?
What is the truth of the matter asserted for purposes of the hearsay rule?4Are there any out-of-court statements that are not hearsay?
Are there any out-of-court statements that are not hearsay?5What is a verbal act?
What is a verbal act?6A worker who was fired after taking worker’s compensation leave brought a claim for retaliatory discharge. She testified, “While I was on leave, an...
A worker who was fired after taking worker’s compensation leave brought a claim for retaliatory discharge. She testified, “While I was on leave, another employee told me the company was planning to terminate me because I had taken too much leave.” The company objected that the statement was hearsay. How should the court rule?7The day after a snowstorm the plaintiff slipped on the sidewalk in front of the defendant’s house and broke his ankle. After falling, the plaintiff...
The day after a snowstorm the plaintiff slipped on the sidewalk in front of the defendant’s house and broke his ankle. After falling, the plaintiff looked up and noticed a note taped to the defendant’s mailbox. It said, “Please shovel your walk! It has become icy and is dangerous to pedestrians like me!” The plaintiff sued the defendant for negligence, alleging that the defendant did not shovel and salt her sidewalk the day of the slip. The defendant alleged that the sidewalk was clear on the day of the slip. The plaintiff sought to introduce the note left by another pedestrian on the defendant’s mailbox to show there was ice on the sidewalk. The defendant objected, arguing that the statement was hearsay.
How should the court rule?8Are there any out-of-court statements that, despite meeting the definition of hearsay, are specifically exempted from the definition?
Are there any out-of-court statements that, despite meeting the definition of hearsay, are specifically exempted from the definition?9Under what circumstances is a prior inconsistent statement made by a testifying witness admissible for the truth of the matter asserted in the prio...
Under what circumstances is a prior inconsistent statement made by a testifying witness admissible for the truth of the matter asserted in the prior statement?10Under what circumstances is a prior consistent statement made by a testifying witness admissible for the truth of the matter asserted in the prior ...
Under what circumstances is a prior consistent statement made by a testifying witness admissible for the truth of the matter asserted in the prior statement?11Under what circumstances is a declarant-witness’s prior statement of identification exempted from the hearsay rule?
Under what circumstances is a declarant-witness’s prior statement of identification exempted from the hearsay rule?12A defendant was charged with kidnapping, interstate domestic violence, and using a gun during the commission of a crime of violence against his gir...
A defendant was charged with kidnapping, interstate domestic violence, and using a gun during the commission of a crime of violence against his girlfriend. At the grand jury hearing, the girlfriend testified that the defendant kept a gun in his waistband and at one point chambered a bullet and threatened to kill her. However, at trial she denied that the defendant had a gun and denied that he threatened her with a gun. The prosecutor asked, “Didn’t you tell the grand jury that the defendant, ‘Kept a gun in his waistband, and at one point chambered a bullet and threatened to kill me’?” The defense objected that the statement was hearsay.
How should the court rule on the objection?13The defendant and a co-conspirator were charged with attempted robbery and conspiracy to commit robbery after they tried to rob a postal-service de...
The defendant and a co-conspirator were charged with attempted robbery and conspiracy to commit robbery after they tried to rob a postal-service delivery truck. After the two were arrested, the co-conspirator made inculpatory statements to the federal agents and eventually testified against the defendant at trial. His statements at trial were consistent with his statements to the federal agents. The defendant argued at trial that the co-conspirator’s testimony was designed to gain favor with the government so he would receive a more favorable plea agreement. To bolster the co-conspirator’s testimony, the prosecutor moved to introduce the statements co-conspirator made to the agents after arrest. The defense objected, arguing that the statements were hearsay. Should the court allow the prosecutor to introduce the co-conspirator’s prior consistent statement?14Is a prior out-of-court statement made by an opposing party admissible for the truth of the matter asserted in the prior statement?
Is a prior out-of-court statement made by an opposing party admissible for the truth of the matter asserted in the prior statement?15Is a statement made by an opposing party excluded from the rule against hearsay only if a prior out-of-court statement is being offered against the...
Is a statement made by an opposing party excluded from the rule against hearsay only if a prior out-of-court statement is being offered against the party who made the statement?16What is an adoptive admission?
What is an adoptive admission?17Does the personal knowledge requirement apply to opposing-party statements?
Does the personal knowledge requirement apply to opposing-party statements?18A police officer stopped a defendant for speeding. When the police officer realized the defendant met the description of the suspect in a recent ba...
A police officer stopped a defendant for speeding. When the police officer realized the defendant met the description of the suspect in a recent bank robbery, the police officer asked the defendant if the defendant knew anything about the robbery. The defendant denied any involvement in the robbery. The defendant was later charged with that crime. The defendant did not testify at trial. Instead, the defendant called the police officer as a witness and asked, “Didn’t I tell you that I wasn’t involved in the robbery?” The prosecutor objected, arguing that the statement was inadmissible hearsay. The defendant countered that it was an out-of-court statement of a party and therefore admissible as an exclusion to the rule against hearsay. Is the statement admissible hearsay?19Is a statement made against a party by the party’s co-conspirator during the conspiracy exempted from the rule against hearsay?
Is a statement made against a party by the party’s co-conspirator during the conspiracy exempted from the rule against hearsay?20What is hearsay within hearsay?
What is hearsay within hearsay?21For an entire hearsay-within-hearsay statement to be admissible, must all the hearsay statements be admissible under the same exclusion or exceptio...
For an entire hearsay-within-hearsay statement to be admissible, must all the hearsay statements be admissible under the same exclusion or exception to the hearsay ban?22Generally, under what circumstances will a prior out-of-court statement be admissible?
Generally, under what circumstances will a prior out-of-court statement be admissible?23Migrant farm workers sued their mutual employer for failure to pay wages due. At trial, the workers moved to admit a report prepared by a federal i...
Migrant farm workers sued their mutual employer for failure to pay wages due. At trial, the workers moved to admit a report prepared by a federal investigator. The report detailed statements made by one of the employer’s foremen regarding the amount the employer paid the workers. The statements indicated that the employer underpaid the workers. The employer objected to the admission of the report, arguing that it was hearsay within hearsay. What finding(s) must the court make before admitting the report into evidence?24Under what circumstances is a hearsay statement admissible as a present-sense impression?
Under what circumstances is a hearsay statement admissible as a present-sense impression?25Under what circumstances is a hearsay statement admissible as an excited utterance?
Under what circumstances is a hearsay statement admissible as an excited utterance?26Must an excited utterance arise from an objectively exciting or startling event?
Must an excited utterance arise from an objectively exciting or startling event?27A defendant forcibly took a victim from the victim’s home. Four hours later, the defendant locked the victim and a cellmate inside a makeshift pris...
A defendant forcibly took a victim from the victim’s home. Four hours later, the defendant locked the victim and a cellmate inside a makeshift prison cell. The victim, shaking and crying, told his cellmate that he had been beaten, burned, interrogated, and threatened with death. At trial, the prosecutor called the victim to testify. She also called the victim’s cellmate and asked, “What did the victim tell you happened after he was kidnapped?” The defense objected on hearsay grounds. Assuming the victim’s statements are hearsay, which is inadmissible unless an exclusion or exception applies, how should the court rule on the objection?28Are hearsay statements describing an emotional or physical condition generally admissible?
Are hearsay statements describing an emotional or physical condition generally admissible?29Are hearsay statements describing an emotional or physical condition generally admissible to prove the cause of the condition?
Are hearsay statements describing an emotional or physical condition generally admissible to prove the cause of the condition?30Are hearsay statements describing an intent or plan admissible to prove subsequent acts?
Are hearsay statements describing an intent or plan admissible to prove subsequent acts?31The defendant was charged with attempted murder after allegedly dissolving poison in his wife’s drink. The wife telephoned a friend for help and sa...
The defendant was charged with attempted murder after allegedly dissolving poison in his wife’s drink. The wife telephoned a friend for help and said, “I feel horrible. I think my husband put something in my drink.” At trial, the prosecution called the friend to testify to the wife’s statements. The defense objected and argued that the wife’s statements were inadmissible hearsay. The prosecution argued that, although the statements are hearsay because each was being offered to prove the truth of the matter asserted in the statement, each statement was admissible. Should the court admit the statement “I feel horrible,” “I think my husband put something in my drink,” neither, or both?32Are hearsay statements regarding the declarant’s present physical or emotional state or symptoms admissible?
Are hearsay statements regarding the declarant’s present physical or emotional state or symptoms admissible?33May a statement made for purposes of receiving medical diagnosis or treatment be admissible?
May a statement made for purposes of receiving medical diagnosis or treatment be admissible?34Must hearsay statements made for medical treatment or diagnosis be made to a doctor in order to be admissible?
Must hearsay statements made for medical treatment or diagnosis be made to a doctor in order to be admissible?35Is a statement of fault generally admissible if it was part of a statement made for medical diagnosis or treatment?
Is a statement of fault generally admissible if it was part of a statement made for medical diagnosis or treatment?36A landlord intimidated and harassed his tenants and their child for over a year. The tenants brought a claim for intentional infliction of emotiona...
A landlord intimidated and harassed his tenants and their child for over a year. The tenants brought a claim for intentional infliction of emotional distress. At trial, the tenants called a family therapist, who provided counseling for the child, to testify regarding the extreme emotional distress the child experienced. According to the therapist’s testimony, the child claimed to have recurring nightmares that the landlord was going to hurt him. The therapist was not licensed to practice medicine. The landlord objected that the testimony was inadmissible hearsay. The tenant countered that, though the statement was hearsay, it was admissible. How should the court rule on the objection?37Is a recorded recollection admissible despite the hearsay bar?
Is a recorded recollection admissible despite the hearsay bar?38Is a witness’s memory refreshed under the past-recollection-recorded exception to the hearsay rule?
Is a witness’s memory refreshed under the past-recollection-recorded exception to the hearsay rule?39Is a record made by someone other than the witness admissible as a recorded recollection?
Is a record made by someone other than the witness admissible as a recorded recollection?40Must the maker or adopter of a recorded recollection testify before the recorded recollection can be read to the jury?
Must the maker or adopter of a recorded recollection testify before the recorded recollection can be read to the jury?41A defendant was charged with cashing stolen checks. The defendant’s friend told a government agent about the scheme and recounted details provided ...
A defendant was charged with cashing stolen checks. The defendant’s friend told a government agent about the scheme and recounted details provided by the defendant. The agent memorialized the information in a report and the friend signed it. At trial, the prosecutor first called the agent who testified that she spoke with the friend and accurately wrote down the information provided to her by the friend. The prosecutor then called the friend and asked, “Did you have a conversation with the defendant about how the check-cashing scheme works?” The friend replied, “I forget the details, but I told the agent about it. She wrote it down. What I told the agent would have been right; I read and signed her report.” The prosecutor moved to admit the report signed by the friend. Assuming the report is hearsay, should the court admit the writing as an exhibit as a recorded recollection?42Under what circumstances is a record of a regularly conducted activity, also called a business record, admissible despite the hearsay bar?
Under what circumstances is a record of a regularly conducted activity, also called a business record, admissible despite the hearsay bar?43Is the business-records exception to the rule against hearsay limited to for-profit businesses?
Is the business-records exception to the rule against hearsay limited to for-profit businesses?44The defendants, building inspectors, were charged with extortion. They allegedly requested and received payoffs from construction companies for app...
The defendants, building inspectors, were charged with extortion. They allegedly requested and received payoffs from construction companies for approving buildings that violated the building code. At trial, the prosecutor called an employee of a construction company that made regular payments to the defendants. The employee kept a diary chronicling each payoff made over seven years. The employee testified that the building inspectors were paid monthly and that he personally supervised the payoffs, which he recorded in the diary the same day. He kept the diary in his desk to provide a regular accounting to the company vice president. The prosecutor moved to admit the diary. The defendants objected, arguing the diary was hearsay. Assuming the diary is hearsay, how should the court rule?45A prisoner was beaten and maced by prison guards. The prisoner brought a civil-rights claim against prison officials. At trial, the prisoner called...
A prisoner was beaten and maced by prison guards. The prisoner brought a civil-rights claim against prison officials. At trial, the prisoner called a prison administrator. The administrator testified that one of the officers involved made a report of the incident, officers regularly wrote incident reports, the prison administration reviewed the reports, and the reports were always filed and kept for the duration of the prisoner’s sentence. The prisoner acknowledged that the report was hearsay but moved to admit it as a business record. The prison officials agreed that all requirements for the business-records exception were met, but argued that the exception did not apply because the prison was run by a governmental entity and not a business. Should the court admit the report under the business-records exception?46Is the absence of a matter from a business record admissible under the business-records exception to the rule against hearsay?
Is the absence of a matter from a business record admissible under the business-records exception to the rule against hearsay?47Under what circumstances is a record or statement made by a public office admissible despite the hearsay bar?
Under what circumstances is a record or statement made by a public office admissible despite the hearsay bar?48Do records of law enforcement observations fall within the public-records exception to the rule against hearsay?
Do records of law enforcement observations fall within the public-records exception to the rule against hearsay?49Under the public-records exception to the rule against hearsay, may the prosecution introduce findings resulting from an authorized investigation i...
Under the public-records exception to the rule against hearsay, may the prosecution introduce findings resulting from an authorized investigation in a criminal case?50Does the public-records exception to the rule against hearsay require that the public record be kept in the ordinary course of business?
Does the public-records exception to the rule against hearsay require that the public record be kept in the ordinary course of business?51Is a record of a birth, death, or marriage admissible if it is reported to a public office in accordance with a legal duty?
Is a record of a birth, death, or marriage admissible if it is reported to a public office in accordance with a legal duty?52Are hearsay reports prepared by private individuals but filed with public agencies generally admissible under the public-records exception to the h...
Are hearsay reports prepared by private individuals but filed with public agencies generally admissible under the public-records exception to the hearsay bar?53A military flight instructor was killed in an airplane crash during training exercises. The instructor’s wife sued the plane’s manufacturer. At tri...
A military flight instructor was killed in an airplane crash during training exercises. The instructor’s wife sued the plane’s manufacturer. At trial, the manufacturer moved to admit the military investigative report of the incident. The report included both factual findings from the legally-authorized investigation and the investigator’s conclusion that the most likely cause of the accident was pilot error. The manufacturer argued that the report was admissible hearsay under the public-records exception. The wife objected that this exception only allowed admission of factual findings from a legally-authorized investigation, not opinions or conclusions based on those findings. Assuming the report meets the general definition of hearsay, which is inadmissible unless an exception or exclusion applies, how should the court rule on the motion?54The defendant was charged with possession of cocaine. He was released on bail on the condition that he appear in court as ordered. The defendant la...
The defendant was charged with possession of cocaine. He was released on bail on the condition that he appear in court as ordered. The defendant later failed to appear in court as ordered and was charged with failing to appear. At trial, the prosecutor moved to admit a certified copy of the order setting the conditions of the defendant’s release. The prosecution argued that the document was admissible under the public-records exception to the rule against hearsay. The defendant objected that the document did not set out the activities of a public office, as required by the public-records exception. Assuming the document met the general definition of hearsay, which is inadmissible unless an exception or exclusion applies, should the court overrule the objection?55Is the absence of a public record admissible to prove that a particular matter did not occur?
Is the absence of a public record admissible to prove that a particular matter did not occur?56Are records concerning personal or family history admissible as an exception to the rule against hearsay?
Are records concerning personal or family history admissible as an exception to the rule against hearsay?57Are documents that affect an interest in property admissible as an exception to the rule against hearsay?
Are documents that affect an interest in property admissible as an exception to the rule against hearsay?58What is the ancient-documents exception to the rule against hearsay?
What is the ancient-documents exception to the rule against hearsay?59Under what circumstances is an ancient document admissible despite the hearsay bar?
Under what circumstances is an ancient document admissible despite the hearsay bar?60What is the market-report exception to the rule against hearsay?
What is the market-report exception to the rule against hearsay?61What are learned treatises?
What are learned treatises?62Under what circumstances is a portion of a learned treatise admissible as substantive evidence?
Under what circumstances is a portion of a learned treatise admissible as substantive evidence?63A child suffered brain damage after receiving a vaccine. The child’s parents sued the vaccine manufacturer. At trial, the manufacturer called a ped...
A child suffered brain damage after receiving a vaccine. The child’s parents sued the vaccine manufacturer. At trial, the manufacturer called a pediatric neurologist whom the court qualified as an expert. The neurologist testified that, in her opinion, the child’s brain damage resulted from a stroke that occurred before the vaccine. The neurologist also testified that an article in a medical journal was reliable authority on the causes of pediatric strokes. The neurologist testified that she consulted the article in preparing her testimony. The manufacturer moved to admit the article as substantive evidence. The parents objected that the article was hearsay. Assuming the article meets the general definition of hearsay, which is inadmissible unless an exception or exclusion applies, should the court allow the article to be used as substantive evidence?64An insulation installer brought a products liability suit against an asbestos manufacturer, claiming that his exposure to asbestos in insulation in...
An insulation installer brought a products liability suit against an asbestos manufacturer, claiming that his exposure to asbestos in insulation increased his chances of developing mesothelioma in the future. To prove the extent of the installer’s current medical knowledge on the dangers of asbestos, the installer moved to admit an article from a medical journal as a learned treatise. The manufacturer objected on hearsay grounds. Assuming the article is hearsay, which is generally inadmissible, should the court admit the article as a learned treatise?65Are there any exceptions to the hearsay rule that require that the out-of-court declarant be unavailable to testify in order for the exception to a...
Are there any exceptions to the hearsay rule that require that the out-of-court declarant be unavailable to testify in order for the exception to apply?66When is a declarant considered to be unavailable as a witness?
When is a declarant considered to be unavailable as a witness?67Under what circumstances is a declarant who is physically capable of coming to court considered unavailable as a witness?
Under what circumstances is a declarant who is physically capable of coming to court considered unavailable as a witness?68Under what circumstances is a declarant who is not physically capable of coming to court considered unavailable as a witness?
Under what circumstances is a declarant who is not physically capable of coming to court considered unavailable as a witness?69Under what circumstances is a declarant’s former testimony from the current or a separate proceeding admissible hearsay?
Under what circumstances is a declarant’s former testimony from the current or a separate proceeding admissible hearsay?70The defendant was charged with obstruction of justice for allegedly threatening a government witness in a prior trial against the defendant for fra...
The defendant was charged with obstruction of justice for allegedly threatening a government witness in a prior trial against the defendant for fraud. During the prior trial, the government called a key witness to testify. The defendant had an opportunity to cross-examine that witness and attempted to impeach the witness’s testimony. The first trial ended in a mistrial. However, before the defendant could be retried, the key witness died. In the current trial, the government filed a motion requesting permission to play a recording of that witness’s testimony from the first trial. The defendant objected on hearsay grounds. Assuming the recording is hearsay, which is generally inadmissible, should the court admit the recording as former testimony?71A city hired a contractor to install a water line. The contractor found the work more difficult than expected. The contractor sued the city for res...
A city hired a contractor to install a water line. The contractor found the work more difficult than expected. The contractor sued the city for rescission of the contract and restitution for expenses. While the litigation was pending, the company assigned its right to restitution to a creditor. At the rescission trial, the city called its accountant. The defendant cross-examined the accountant and attempted to impeach her testimony. The contractor won. The creditor then sued for restitution. During the restitution trial, the accountant became gravely ill and was unable to travel to the trial. The city asked the court to admit the transcript of the accountant’s testimony from the first trial under the former-testimony hearsay exception. The creditor objected, arguing that the exception would only apply if the creditor had been a party to the first trial. Is the transcript admissible?72What is the dying-declaration exception to the rule against hearsay?
What is the dying-declaration exception to the rule against hearsay?73Under what circumstances is a statement under the belief of imminent death, also called a dying declaration, admissible despite the hearsay bar?
Under what circumstances is a statement under the belief of imminent death, also called a dying declaration, admissible despite the hearsay bar?74What is a statement against interest?
What is a statement against interest?75Under what circumstances is a statement against a declarant’s interest admissible despite the hearsay bar?
Under what circumstances is a statement against a declarant’s interest admissible despite the hearsay bar?76What is the difference between a hearsay statement offered as an opposing party’s statement and a hearsay statement offered as a statement against ...
What is the difference between a hearsay statement offered as an opposing party’s statement and a hearsay statement offered as a statement against interest?77A landlord, the owner of a warehouse that burned down in a fire, sued the tenant for negligence. The owner alleged that the fire started when the t...
A landlord, the owner of a warehouse that burned down in a fire, sued the tenant for negligence. The owner alleged that the fire started when the tenant’s friend left a lit cigarette near flammable material. The friend spoke to investigators and admitted to smoking cigarettes in the warehouse. The friend disappeared before trial and the owner could not find him or serve him with a subpoena. At trial, the owner moved to introduce the friend’s statement to the investigators. The tenant objected, arguing that the statement was hearsay. Assuming the statement meets the general definition of hearsay, which is inadmissible unless an exception or exclusion applies, how should the court rule on the objection?78An employee embezzled money by writing checks against the employer’s account and cashing the checks at a currency exchange. When confronted by an i...
An employee embezzled money by writing checks against the employer’s account and cashing the checks at a currency exchange. When confronted by an investigator, the employee admitted his participation in the fraud. The employer sued the currency exchange for racketeering violations. The employer called the employee to testify. The employee asserted his Fifth Amendment privilege against self-incrimination and the court found that the privilege applied. The investigator then testified. The employer’s attorney asked the investigator what the employee told him about the embezzlement. The currency exchange objected, arguing the statement was hearsay. Assuming the statement meets the general definition of hearsay, which is inadmissible unless an exception or exclusion applies, should the court admit the statement?79Is an unavailable declarant’s out-of-court statement about her personal or family history admissible?
Is an unavailable declarant’s out-of-court statement about her personal or family history admissible?80Is an unavailable declarant’s out-of-court statement offered against a party who wrongfully and intentionally caused the declarant’s unavailability...
Is an unavailable declarant’s out-of-court statement offered against a party who wrongfully and intentionally caused the declarant’s unavailability admissible?81What is the catch-all hearsay exception?
What is the catch-all hearsay exception?82What is the most important aspect of the residual exception to the rule against hearsay?
What is the most important aspect of the residual exception to the rule against hearsay?83Is there any notice requirement for using the residual hearsay exception at trial?
Is there any notice requirement for using the residual hearsay exception at trial?84When a hearsay statement or a statement exempted from the definition of hearsay is admitted into evidence, may the declarant’s credibility be attac...
When a hearsay statement or a statement exempted from the definition of hearsay is admitted into evidence, may the declarant’s credibility be attacked?85The defendant and a co-conspirator were charged with conspiracy to commit bank robbery. The defendant denied being involved in the conspiracy. He a...
The defendant and a co-conspirator were charged with conspiracy to commit bank robbery. The defendant denied being involved in the conspiracy. He and the co-conspirator were jailed pending trial. The co-conspirator died of cancer before trial. At trial, the defendant called a fellow inmate. The inmate testified that while hospitalized and just before losing consciousness, the co-conspirator told him, “Tell them that [the defendant] had nothing to do with the job.” The co-conspirator died a few minutes later. The prosecution objected and moved to strike, arguing that the statement was hearsay. Assuming the statement meets the general definition of hearsay, which is inadmissible unless an exception or exclusion applies, is the statement admissible as a dying declaration?86A federal agency investigated individuals who took part in Nazi-sponsored persecution during World War II (WWII). The agency filed for revocation o...
A federal agency investigated individuals who took part in Nazi-sponsored persecution during World War II (WWII). The agency filed for revocation of the defendant’s naturalization. The agency alleged that the defendant’s 1949 naturalization application did not disclose that he was a guard at a Nazi concentration camp. At trial, the agency moved to admit records of post-WWII interrogations of former Nazi officers, including an officer with the same name as the defendant. The agency followed all requirements to properly authenticate the records. The agency moved to admit the records and the defendant objected, arguing they were hearsay. The agency countered they were admissible hearsay under the exception for ancient documents. Assuming the records are hearsay, should the court admit them into evidence?87What must a court determine in a criminal trial before admitting hearsay statements by an unavailable declarant?
What must a court determine in a criminal trial before admitting hearsay statements by an unavailable declarant?88Under what circumstances does a Bruton problem occur?
Under what circumstances does a Bruton problem occur?89A wife called 911 to report that her husband had become violent. When police arrived, she reported that her husband hit her. While still upset, she...
A wife called 911 to report that her husband had become violent. When police arrived, she reported that her husband hit her. While still upset, she wrote an affidavit to that effect. The defendant was later charged with assault. The wife did not appear at trial and avoided repeated attempts at service of a subpoena. At trial, the prosecutor called the police officer who spoke with the wife. He recounted the wife’s statements and authenticated the affidavit. The defendant agreed that, although the statement was hearsay, it fell under the excited-utterance exception to the rule against hearsay. However, he objected to the testimony on the grounds that it violated his right to confront his accuser under the Sixth Amendment. Assuming the court determines the statement was testimonial, how should the court rule on the objection?90Two men were accused of robbery. After their arrest, the co-defendant told a detective, “Ok, I admit it. [The defendant] and I robbed the bank, but...
Two men were accused of robbery. After their arrest, the co-defendant told a detective, “Ok, I admit it. [The defendant] and I robbed the bank, but it was all his idea.” The defendant and co-defendant were tried together. At trial, the prosecution asked the detective to repeat the co-defendant’s statement. The defendant objected on hearsay and Sixth Amendment grounds. The court ruled that this was a testimonial statement of an opposing party excluded from the hearsay bar, but it was admissible only against the co-defendant. She indicated her intention to issue a limiting instruction informing the jury of this limitation and held off on ruling on the Sixth Amendment objection. The co-defendant rested his case without ever taking the stand and the defendant renewed his objection under the Sixth Amendment. How should the court rule?