To Hearsay or Not to Hearsay
Joe is being tried for murdering Henry. The witness testifies, "Ellen told me that Joe killed Henry." If offered to prove that Joe killed Henry, is this statement hearsay?
Yes
After a car accident, a bystander yells, “The blue car hit them! It was speeding!” A police officer at the scene heard this statement from the bystander and wrote it down in his police report. The plaintiff tries to introduce the police report at trial. Is the statement admissible?
This is double hearsay. The witness's statement is history and the police officer's report is hearsay. The police officer's report can come in as an official record by a public employee. The bystander's statement can come in as an excited utterance.
A defendant is charged with embezzlement (a theft offense). The defendant's pastor testifies that the defendant attends church every week and has a reputation in the community as an honest and trustworthy person. Is this evidence admissible?
Yes, this is admissible character evidence. The defendant can offer evidence of the defendant's own character.
On the stand in our mock trial case, Taylor Alexander testifies, "I really like apples." What are some potential objections to this testimony?
Relevance; nonresponsive
Lee testifies that, at the party that Lee did not go to, Logan Gold did not tell Ali Sandoval that he planned to kidnap Taylor Alexander. Insert objection: ___________
Speculation
A witness testifies, "I went looking for Eric because Sally told me that Eric did not come home last night." If the statement is offered to show that the Witness went looking for Eric, is it hearsay?
No.
At trial for property damage during which Lee and Remi are both on trial as co-conspirators for property damage during a protest, Officer Bird testifies: “Lee posted on Twitter just before the protest that Lee knew that Remi ‘was aggressive and passionate about the cause.’” Is this statement admissible?
Yes, under the co-conspirator statements exception to hearsay.
The defendant is charged with assault. The prosecutor calls the owner of the defendant's apartment to testify in the prosecution's case-in-chief. She testifies that the defendant often paid his rent late and was very unreliable. Is this admissible?
No, this is inadmissible character evidence. It does not fall under one of the three exceptions to character evidence, and a character trait of reliability is not relevant to an assault charge.
Defense counsel asks the defendant in an apple theft trial, "tell us the story of your first apple." Defendant launches into a two minute long story. What are some objections to this testimony?
Narrative/calls for narrative; relevance
The prosecution seeks to introduce a statement from the police report stating that, "Logan Gold said he hated Taylor Alexander and wanted him out of the way for the debate" as evidence to show that Logan Gold kidnapped Taylor Alexander. Is this statement admissible?
Yes, the police report is admissible under the official records by public employees exception and the statement is admissible under the hearsay exception for admissions by a party opponent.
A witness testifies, "John shouted, 'Fire!' and everyone started running." The statement is offered to show that everyone started running. Is this hearsay?
No
At trial, Logan Gold seeks to introduce a receipt showing that he had his car repaired to show that his car had, indeed, broken down. Is this receipt admissible?
Yes, under the records made in the regular course of business exception.
The defendant is charged with premeditated murder. The prosecutor calls the owner of the defendant's apartment to testify in the prosecution's case-in-chief. She testifies that the defendant had sticky notes illustrating events similar to the events of the murder all over the walls of his apartment. Is this admissible?
Yes, this prior act is admissible for limited non-character evidence purposes. Though it does not qualify under one of the three recognized exceptions, it is a prior act brought in to show intent.
Prosecution counsel asks a prosecution witness in an apple theft trial, "you saw the defendant steal an apple, right?" What are some possible objections to this statement?
Leading question; vague and ambiguous; lack of foundation; speculation
Logan Gold is charged with kidnapping. The prosecution calls Gold's ex to the stand, who testifies that Gold lied to them constantly during their relationship. Is this evidence admissible?
No, this is inadmissible character evidence.
A police report states that, "Logan Gold confessed to the kidnapping." The police report is offered as evidence to prove that Logan Gold committed the kidnapping. Is this hearsay?
Yes
Thomas testifies at trial that, on the day before the alleged kidnapping, he overheard Logan Gold at a bar stating that he hated Taylor Alexander so much that he hoped someone would "disappear him" before the debate the next day. The statement is asserted to show that Logan Gold planned to kidnap Taylor Alexander. Is this statement admissible?
Yes, under the state of mind hearsay exception and admission by a party opponent.
A witness is testifying that they knew Logan Gold hated Taylor Alexander and had seen Logan Gold approach Taylor Alexander the day of the kidnapping. The defense introduces evidence to show that the witness is a compulsive liar. Is the evidence admissible?
Yes, it is admissible under the character evidence exception for evidence of a witness's character. The evidence is presented to show the witness's character for honesty.
The prosecution asks: "did you see John steal the apple?"
The witness says: "Yes."
The prosecution then asks: "So you saw John steal the apple, right?"
Insert defense counsel's objection: ______________
Asked and answered
A witness in a trial testifies that they heard another witness at the scene of a car accident say, "Wow, that car blew right through that red light!" The statement is offered to show that the car that allegedly blew through the red light was driving recklessly. Is this evidence admissible?
Yes, it is admissible under the hearsay exception for excited utterances.
A witness testifies differently in court than they did during an earlier police interview. The prosecutor offers the previous statement to show the inconsistency. Is this hearsay?
No, the prior statement is not being offered to prove the truth of the matter but to challenge the witness's credibility.
Harper Dorais testifies that she overheard Thomas asking Taylor Alexander, "Wow, you really faked your own kidnapping?" And Taylor Alexander responded, "Sure did." Is this statement admissible?
Yes, under the adoptive admission exception to hearsay.
Logan Gold's case-in-chief introduces evidence that Taylor Alexander had lied about being a crime victim on multiple occasions in the past. Is this evidence admissible?
Yes, it is admissible to show evidence of the victim's character that would tend to prove the innocence of the defendant.
Defense counsel asks the witness, "did you know what had happened?" Insert prosecution counsel's objection: _______________
Vague and ambiguous
A case involves a car accident, and the issue is whether one of the drivers (Driver A) was speeding at the time of the crash. The plaintiff wants to introduce an accident report written by a police officer, which contains a statement from a bystander (Witness X) who was not present in court. In the report, the officer writes: “Witness X told me at the scene that they saw Driver A speeding before the crash.” Is this hearsay? If so, does an exception apply to get the accident report in?
Yes, there are two layers of hearsay: the witness's original statement, and the officer's written report recording what the witness said. The officer's written report would likely fall under the "official records by public employees" exception. The witness's statement would likely fall under the excited utterance or present sense impression exceptions.