RoE
This rule number is the test for relevance.
What is 401?
Who said, "I can't afford that!"
Who is Billie Anderson?
What is case law?
Past cases used to show precident
Objection Hearsay!
Objection, your honor, hearsay. This is an out-of-court statement being used to prove the truth of the matter asserted.
Jordan said, "Forgot about all those jokes about Kennedy."
801.d.2, party opponent
Rule ___. Definitions
a) Statement, b) Declarant, c) ____
What is 801 and Hearsay
Who said, "I started crying as soon as ____ said that."
Who is Skyler Boyle?
Lying to the police regarding the circumstances of a crime constitutes circumstantial evidence of consciousness of guilt and hence guilt itself
Banks v. Commonwealth
Objection Relevance!
Objection, your honor, relevance. This testimony does not make a material issue of fact more or less probable to exist.
After being shot, and while trying to breathe, Kennedy said, "Jordan."
Dying Declaration
Rule ___. Remainder of or Related Writings or Recorded Statements: If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part.
What is 106?
Who said, "...magic cure for trauma..."
Who is Carmen Webster?
If an out of court statement is offered only to prove that the statement was made, that statement is not hearsay.
Slaven v Commonwealth
Objection More Prejudicial than Probative!
Objection, your honor, more prejudicial than probative. This testimony is being used to enflame the passions of the jury, and the probative value is substantially outweighed by its prejudicial effect.
Exhibit 14, Hearsay (Peyton's Plea Deal)
Effect on the listener, why Peyton didn't speak to the police.
This rule is used to describe the scope of cross-examination.
What is 611.b?
Who said, "If you wait by the river long enough, the body of your enemy will float by."
Who is Peyton Clark?
Questions, orders, and threats are not hearsay as they are not declarations of fact and therefore are not capable of being true or false. In essence, such "statements" contain no assertion.
Daughtery v Commonwealth
Objection Speculation!
Objection, your honor speculation. This testimony is beyond the scope of the witness. This witness cannot enter the mindset of another witness.
Butch said, "Shut up snitch" (Three parts)
804.a.4
Stip 4
804.b.3 Statement against interests
How many pages is the RoE?
14
Who said, "planning a surprise birthday party..."
Who is Lou Robertson?
The existence of a conspiracy can be proven by circumstantial evidence.
Commonwealth v Wolford
Objection, your honor, improper character evidence. This testimony uses a previous bad act to prove a witness has the propensity to do the same thing again.
Lou's past purgery case (character evidence)
Your honor, specific instances of a witness's conduct may be used to question the witness's possible character trait of untruthfulness.