More Hearsay
Three hearsay exceptions that require that the declarant be unavailable.
Character evidence is generally prohibited to prove this.
Propensity - Action in Accordance With the Trait
Crawford shifted the Confrontation Clause analysis from reliability to whether the hearsay had this characteristic.
It was testimonial
A ruling overruling a timely and proper objection will be reviewed for this type of error.
Abuse of discretion.
Statements falling within this exception may only be read back to the jury, not admitted into evidence.
Recorded Recollection (or Learned Treatise)
Three bases for which evidence of a crime, wrong or act may be admissible under FRE 404(b).
Two types of hearsay that never raise Confrontation Clause concerns.
Business records
Recorded Recollections
Witness's Prior Statements
Statements of a Party Opponent
Co-conspirator statements
Former Testimony
If evidence is admissible for a limited purpose, the opposing party should consider asking the judge for one of these.
A limiting instruction
The requirements for a statement to fit within the hearsay exclusion for statements of a co-conspirator.
In the course and furtherance of the conspiracy.
A way a criminal defendant can open the door to evidence of the victim's non-violent character.
Introduce evidence of the victim's violent character.
In a homicide case, assert the victim is the first aggressor.
A 911 call may be declared non-testimonial if it meets this criterion.
It is for the purpose of responding to an ongoing emergency.
Preponderance of the evidence
How long after a startling event a statement will still qualify as an excited utterance.
As long as the declarant is under the influence of the startling event.
The one instance when extrinsic evidence of specific acts can be used to establish a party's character trait.
Character is an element.
The Confrontation Clause only applies to evidence offered against this class of litigants.
Criminal Defendants
A decision to permit evidence in the absence of a proper and timely objection is reviewed for this type of error.
Plain error.
If I wanted to introduce the findings of fact from an EPA investigator's report, I would use this hearsay exception.
Public Records
This has to happen before evidence of a witness's character for truthfulness is permitted.
The witness's credibility must be attacked.
Hearsay does not raise a Confrontation Clause issue if the declarant is _________.
Subject to cross-examination
Two of three instances where the judge "must" take action upon a proper request.
Admission of Crimen falsi no more than 10 years old.
Giving a limiting instruction upon request when evidence is admissible for a limited purpose or against only one party.
Exclusion of witnesses under Rule 615