evidence - hearsay toc
TRANSCRIPT
5/17/2018 Evidence - Hearsay ToC - slidepdf.com
http://slidepdf.com/reader/full/evidence-hearsay-toc 1/3
Hearsay & its exceptions
Evidence Outline
John Stoller
5/17/2018 Evidence - Hearsay ToC - slidepdf.com
http://slidepdf.com/reader/full/evidence-hearsay-toc 2/3
Page 1:
- Hearsay generally
- Things that just aren’t hearsay
o Including verbal acts doctrine
Page 2:
- Assertive acts doctrine
- Machine evidence
- Admissionso Party opponent
o Adoptive
o Representative
Page 3
- Admissions
- Prior statements
o Inconsistent CEC &FRE
Page 4
- Prior statements
o Consistent CEC &FRE- Prior identification
Page 5
- Child witnesses & their prior statements
- Past recollection recorded/refreshed
- Declaration
o Declaration against interest CEC
Page 6
- DAI FRE
- Dying declaration
Page 7
- Confrontation and dying declaration
o Sworn statements by victims of gang
violence
- Excited utterance
o Testimonial problems
Page 8
- Crawford and excited utterance
- Contemporaneous statements (CEC)
- Present sense impression (FRE)
- State of mind
Page 9
- State of mind, CEC v. FRE (differences)
o Remembered facts not covered in SOM
o Future plans in re SOM
o Remembered state of mind getting in
through 1251
- Hearsay of crime victims
Page 10
- Emerging exceptions—victim’s statements
o Testimonial problems/Crawford
o Elder or child victim statements
- Declarations describing physical conditions
o CEC 1250 then-existing conditions
o FRE 803(4): medical diagnosis
Page 11
- Declarations describing physical conditionso CEC 1253: medical diagnosis of childr
- Declaration regarding wills and estates
o Dead man statute
o FRE 803(3) apparently applies
- Declarations of W’s made unavailable by D –
forfeiture
Page 12
- Business records – generally
o Foundation in CEC & FRU
o Records w/o custodianPage 13
- Trustworthiness of business records
- Opinions w/in Business Records
- Absence of entries
- Official records CEC and FRE generally
Page 14
- Official records, CEC v. FRE
- Official records FRE – criminal cases
- Convictions as official records, but not proof
underlying conduct
- Computer/electronic business records
- Business records as testimonial evidence
- Other official records
Page 15
- Former testimony for same or different part
CEC
- The foundation for former testimony
o “testimony”
o Unavailable hearsay declarant
o Same or similar interest of party
PAGE 16
- Former testimony as hearsay (authentication
and SER)
- Depositions
- Former testimony in the FRE
- Confrontation and Crawford in FT
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Page 17
- Children and minors
o Other protections for children that look
like former testimony
- Learned Treatises
o California and FRE
o Commercial lists
o Ancient documentsPage 18
- Judgments
o CC Felonies
o Misdemeanors – impeachment CEC
o FRE
o Civil judgments