Hearsay
What is hearsay
A statement being offered to prove the truth of the matter asserted
The prongs of 702 are?
A. Scientific, technical, or specialized knowledge.
B. Sufficient facts and data
C. Reliable principles and methods
D. Reliably applied principles for methods to facts of the case
701(a) IRAC example
rationally based perception
reason to believe communication may have been sent by someone else, the fact that an electronic communication is listed as coming from a number or account that it is either known or purports to belong to a particular person is sufficient foundation that the communication was sent by the person
What is stipulation 10?
10- objections to admissibility of exhibits 9, 10, 11, 12, 13, & 21 have been waived.
What is 803(3)
A hearsay exception that is used when a statement is being used to prove plan motive or intent
What is 703
An expert may base an opinion on facts and data that the expert has been made aware of or personally observed.
What is 403
Evidence is not admissible if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
What is State v. Barrow
Defendant appeals conviction for murder based on a violation. defendant argues there was insufficient evidence of extreme recklessness to convict him of murder
What is stipulation 11
11- Exhibits 1, 8, 17, & 22 are pre admitted
What is Americas Best cookie v. International house of waffles?
What is Davis v. Adams
Trial judges must ensure that scientific testimony or evidence is not only relevant but reliable. In determining reliability judges should consider only the methods employed and the data relied upon not the conclusions themselves.
What is 902(7)
An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin ownership, or control
What is Ellis v. Norton
Testimony about an individuals willingness to strain or push themselves mentally, physically, or both to finish a task does not constitute evidence of a persons character or character trait.
What is highlighted in Motion C in the Motions of Limine
Admissibility of interrogations
Charlie Martins and Riley Kayes interrogations may be read onto the record
What is State v. Bowling
Statements offered pursuant to 801(d)(2)(e), the proof of the conspiracy need only be shown by a preponderance standard. midlands rules of crim. procedure... calling a witness the proponent of the evidence may request that a statement be admitted conditionally, for further foundation of conspiracy can be developed.
What is Tarot readers association?
In assessing reliability under Rule 702(C), judges should consider whether the theory or technique has been or can be tested, whether it has been subjected to peer review and publication, whether it has a known error rate, and whether it has gained widespread acceptance within the field. These factors, while relevant, are not necessarily dispositive. For example, lack of publication does not automatically foreclose admission; sometimes well-grounded but innovative theories will not have been published. There is no definitive checklist. Judges must make such assessments based on the totality of the circumstances.
What is 803(8)
Public records -- a record or statement of a public office
What is omnidirectional solutions v. little bird word LLC used for
This is used for experts to show that as ling as they cover their expertise, training, and method for review tarot readers shall not be used by trial courts to prohibit otherwise admissible opinions.
What does Motion D in the motions in Limine Highlight
The court determined that social media posts are not hearsay as they are not being used for the truth of the matter asserted however its affect on the listener- the listener being Charlie Martin-- Social media posts admitted into evidence will be done so with a limiting instruction to use the affect on listener
State v. Smarda is?
A witness testifying to their recollection of a video cannot be hearsay. However if the statement they saw or heard on video fits the definition of hearsay it can still be hearsay
What is State v. Richardson
It was not an abuse of discretion for the trial court to allow the forensic pathologist to testify to the cause and manner of death even though the pathologist was not tendered as an expert prior to providing her testimony. Unlike other jurisdictions, Midlands does not require a party to “tender an expert” before eliciting an expert opinion. Whether MRE 702 foundational requirements have been satisfied is an evidentiary determination that rests within the sound discretion of the trial court.
What is 803(10)
the absence of a public record. a search failed to disclose a public record
State v. Butler
a court may not prevent a case of murder from going to the jury under an extreme reckless murder theory if the evidence viewed as a whole could be reasonably interpreted as showing the type of heightened recklessness that equates to purposeful or knowing homicide
What is motion F 2 from the Motions in Limine
Exhibits 2,15, and 16 will be admitted with limiting instructions to the jury that these exhibits are for the purpose of notice of persons and events that existed on the saboteurs.