Is it Hearsay? 801
From Kiran's testimony:
And I heard Sutcliffe say, "stupid pandemic, ruining everything!"
Not hearsay! 801d2 - Statements by a party opponent are not hearsay
Expert witness in a criminal case says: "I can say with scientific certainty that Sutcliffe had the mental state on July 31 to start that fire."
Objection: Opinion on the Ultimate issue
Susatined! Rule 704 - (a) Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
There's an exception though! In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
Sutcliffe says:
"What! This wasn't supposed to happen!!"
Excited Utterance - 803.2
From the case (Kiran):
He payed with cash and that was so odd. After all the years I've worked there, Ive never seen him pay with cash
over ruled
The witness is a painter:
Attorney Question: Was sutcliffe using the paint correctly?
Witness answer: Based on my experience, no he was not
Over-ruled
Testimony of a fake character called Angelo:
Kiran came up to me and asked "Did you see Sutcliffe light the fire?"
Not hearsay! Questions have no inherent truth-value within them, although some judges may disagree.
Witness: Every day after work, I saw Maddox come to the bar and have three drinks
Objection: Charcter Evidence
Overruled - 406 Habit, Routine - Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.
(Not in the case but pretend it is)
Tobin is testifying and says:
I heard Kelly Doo say, "I am having a hard time breathing because of the smoke"
803.3 - Then existing mental, emotional, or physical condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health) is an exception to hearsay
Question to Kiran:
"When does the average person wake up, would you say?"
Sustained, no way she could answer this
Witness is a baker.
Question: Was Sutcliffe using the paint correctly?
Answer: No, he was not, not even close
Sustained. No foundation laid that the baker knows how to paint
Testimony of Tobin Johnson:
Kiran turned to me and said, "Come on, tell them I’m ok. That I’ve been coming to Chuggies for years"
Hearsay! This statement is being used to prove the truth of the matter asserted within it
Say an attorney tries to enter a picture of Jaylen's burnt corpse, even though this is an aggravated arson case.
Objection: Relevance --- More predjudical than probative
Sustained. This is not relevant in the sense that it only would unfairly sway the emotions of the jury
Email from the bank to Sutcliffe:
"At this time, we have decided not to extend your furlough, loser"
803.6 - Regularly conducted activity
"I had never met Sutcliffe before, but when he walked into the room, he was acting so weird."
Sustained, no foundation. You don't even know sutcliffe, how can you say he is acting weird?
Cole came into the room, and he was fidgeting with his hands and wasn't making eye contact. He appeared nervous to me
Over ruled
Testimony of Tobin Johnson:
"Maddox said to me that he heard Sutcliffe say, "This whole thing would be easier if Chuggies just burned to the ground."
Hearsay! This isn't a statement by a party opponent, this is a statement made by Maddox
Witness says: Maddox is a heavy drinker. He mustve been drunk on July 31.
Objection: Character evidence
Sustained. Rule 404.1 Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
Not in the case but pretend it is:
Suppose Tobin is testifying and says:
Once Jaylen caught fire, he said to me: "I think I'm going to die. I think Sutcliffe started this fire."
804.b.2 - declarant unavailable, statement under the belief of imminent death
Kiran is testifying:
"I have been to every single bar in Midlands, and I can say that Chuggie's is the only one that actually cares about fake IDs. The rest of them dont even scan!"
Overruled
"When I got to practice late, I could tell that Coach Jenkins and Coach Tauches were both mad at me"
Sustained. No foundation
Testimony of Kiran:
I told him I was a college student who desperately needed a job, and I was hired on the spot
Technically hearsay - America's best Cookie case. Statements made by the testifying witness out of court can count as hearsay
An expert witness is on the stand and says:
"In my investigation, I talked to Kiran, who told me that she was sure that she saw Sutcliffe leave the building after the fire was started."
Objection: Hearsay
Overruled because of Rule 703. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
You are a lawyer entering the testimony of Officer Ollie Rodrigo that says:
"Chuggie's was a reputable bar, and we're always called out there to break up fights"
804.b.1 - Declarant unavailable - Former testimony exception
Kiran testfying:
I hate Sutcliffe, and Sutcliffe hates me.
This alone would be sustained, but more foundation could be laid
Kiran testifies and says,
"I've heard about back drafts before. They are super complicated but are basically caused by a rapid movement of gas from an area of high pressure to low pressure in a way that can cause an explosion.
Sustained, this is technical knowledge that can only be testified to by an expert