Hearsay
The definition of hearsay
What is an out of court statement being offered to prove the truth of the matter asserted?
Bar for relevance
What is low?
What it means to speculate
What is going into the thoughts and feelings of another person?
Which case law states that experts can use otherwise inadmissible hearsay as long as it goes to their expert conclusion?
What is Richards v. Mississippi BBQ?
Character Evidence Definition
What is proof of a person's character?
The defense objects to hearsay on Charlie Martin's statements, what should be your response?
What is these statements are not hearsay as they're statements made by the party opponent?
What makes something relevant
What is making the facts of the case more or less likely?
Investigator Rivera sees Kaye and Martin hugging and on direct examination says they were close. Argue that this is not speculation.
What is this is based on the witness's rationally based perception?
You receive an improper expert opinion during an Atlas Hartley direct saying you haven't met all the prongs of 702. Argue that you have.
What is going through all 4 prongs and explaining how you met them?
Who are you allowed to offer a pertinent trait for as character evidence?
Who is the defendant?
The hearsay exception Strawberry's statement falls under
What is 803 (3) Then Existing Mental, Emotional or Physical Condition?
Lennox Reynolds is going on and on about their kid on the stand for character points. Will you object to relevance?
No :( it's definitely not relevant but it def won't be sustained
Lay foundation for a witness to testify that someone else is happy
What is smiling, laughing or other happy behaviors?
A Taren Rivera says they "concluded" or their directing attorney asks for an expert opinion. What case law can you use to support your improper expert opinion objection?
What is Jeffries v. Polk County Police Department?
Opposing counsel is implying that because Reynolds was charged with perjury in the past, they will most likely perjure themselves in court again. Argue how this is improper character evidence.
This is improper character evidence because it alleging that someone lied in a specific instance based on evidence of a crime is inadmissible according to 404 b
The reason Martin's statements in the Lin report don't fall under Statement Made for Medical Treatment or Diagnosis
What is they are for litigation purposes?
What is always relevant
What is attacking the witness's credibility/bias/motive?
The difference between speculation and lack of personal knowledge
What is speculation is going into the thoughts and feelings of another person and lack of personal knowledge asks the witness to make opinions on subjects they lack knowledge about
the four 702 prongs
a. the expert's specialized knowledge (education and employment)
b. based on sufficient facts and data
3. product of reliable principles and methods
4. reliably applied to the facts of the case
What must the parties do if they wish to enter character evidence?
What is filling out the character evidence form?
The requirements to fall under 803-6 (Records of a Regularly Conducted Business Activity)
1. The record was made at or close to the time of the event by a person with knowledge
2. The record was kept in the course of a regularly conducted activity of a business
3. Making the record was a regular practice of that activity.
4. All these conditions are shown by the testimony of the custodian.
5. The opponent does not show that the source of the information is untrustworthy
Give an argument about whether or not Martin's mom's medical bills are relevant or not
as long as the argument makes sense and it isn't confusing, i'll accept it
What's wrong with this argument to a speculation objection? "Your honor, the witness is just stating their opinion. They are not trying to assert that this is actually what happened, rather how they perceived it to be."
What is the witness's opinion and perception are based on speculation, not any concrete knowledge or facts
What can an expert not conclude? (704b)
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
What are the two methods of proving character?
By reputation/opinion or by specific instances of conduct