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Finish the objection response by filling in the rule.
"Your honor, this is not hearsay. Hearsay is ..."
"...an out of court statement being offered for the truth of the matter asserted."
"et tu, Taylor?"
- Avery Bancroft
804(b)(2), Statement under the belief of imminent death: a statement that the declarant, while believing the declarant's death to be imminent, made about its cause or circumstances.
Name the four things you need to establish before an expert can give their opinion.
1. the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or determine a fact in issue
2. the testimony is based on sufficient facts or data
3. the testimony is the product of reliable principles and methods
4. the expert has reliably applied the principles and methods to the facts of the case
What's the deal with Rory's sleeping arrangement on the train?
Rory was originally supposed to room with Casey French, who was a no-show. Rory offered the second bunk to Kirby Doolittle, who had been kicked out of the cabin they were supposed to share with Bancroft. Right after that, Rory learned that Casey French's ticket ended up going to Jordan Nathanson. So Rory ends up sleeping in the crew cabin.
Finish the objection response by filling in the rule.
"Your honor, this is relevant. Something is relevant if it..."
"...has any tendency to make a material fact more or less likely."
"I have to watch my potassium intake because it could be deadly."
- Avery Bancroft, to Dr. Edmund
803(4), Statement made for medical diagnoses or treatment: a statement that (A) is made for, and reasonably pertinent to, medical diagnoses or treatment, and (B) describes medical history, past or present symptoms or sensations, their inception, or their general cause.
Opposing counsel just objected to improper expert opinion during your direct examination of Jordan Nathanson. How do you respond?
Your honor, pursuant to case law Jeffries v. Polk County Police Department, law enforcement officers are not experts subject to rule 702, but do have specialized training, skills, and experience beyond the average citizen. Jordan Nathanson can give a non-expert opinion based on their skills, experience, and observations.
Rory overhears a phone call on Ashley Connel's speakerphone. What happens during that call?
Ashley: "How's my favorite psychic?"
Other person: "“Save the pleasantries, Connel. I’m checking in on that favor you owe me. If Avery’s planning a change, I need you to take care of it."
Ashley: "Look, Shannon..."
Finish the objection response by filling in the rule.
"Your honor, this is not more prejudicial than probative. Under rule 403..."
"...evidence that's probative value is substantially outweighed by the danger of unfair prejudice should be excluded."
"Shannon, this time, blood isn't thicker than water. I've sent you more money than you deserve. You won't see another cent from me!"
- Avery Bancroft, to Shannon Shahid
803(2), Excited utterance: a statement relating to a startling event or condition, made while or immediately after the declarant perceived it
Deanna's favorite case is Richards v. Mississippi BBQ. What does this case say?
MRE 703 does not permit experts to testify or present a chart in a manner that simply summarize inadmissible hearsay without first relating that hearsay to some specialized knowledge on the expert’s part. The Court must distinguish experts relying on otherwise inadmissible hearsay to form scientific conclusions from conduits who merely repeat what they are told. The testimony of the former is admissible; that of the latter is not. At the same time, statements that would otherwise be admissible are not inadmissible simply because they are offered by or through an expert witness.
Rory sees Taylor and Kelly at the craft store in Hahndorf. What happens?
I heard Kelly ask, “Wait, do we need calcium or potassium?” The two of them pulled out their phones (it looked like they were looking something up), after which Taylor said, “Definitely potassium.” One of the store employees came over and asked if they needed help. Taylor started to shoo them away, but then seemed to change their mind. Instead, Taylor picked up a bottle—I couldn’t read the label, but it had a picture of a banana, I think—and asked, “was this sustainably sourced?"
Finish the objection by filling in the rule.
"Your honor this is an exception to hearsay as it is a present sense impression. A present sense impression is..."
"... a statement describing an event or condition, made while or immediately after the declarant perceived it."
"You call asking for reconciliation."
- Avery Bancroft, to Taylor Hopson, heard by Kelly Doos
(This is hearsay within hearsay. Explain both of them.)
Taylor calling Bancroft to ask to reconcile - 803(3), then-existing mental state: regarding Taylor's motive/intent/plan, why she got on the MRE
Bancroft saying Taylor had called asking to reconcile - 803(3), then-existing mental state: regarding Taylor's motive/intent/plan, why he invited Taylor and Kelly to tea
You're a crossing witness for an expert. During direct examination, the expert starts talking about opinions that were not in their report. How do you object?
Your honor, pursuant to Kane Software v. Mars Investigations, expert witnesses are prohibited from testifying on direct about opinions or conclusions not stated in their report.
There's an easter egg to State v. De La Porta. How was Rory involved?
[Bancroft] would ask me to take pictures of local buildings, particularly of any doors and cameras. This ultimately led up to the big $100,000 job, which was simple enough. During a Halloween gala, I was supposed to let in guests coming via the helipad. It was a super easy job since only one helicopter landed, but despite doing a perfect job, Bancroft ghosted me.
Finish the objection response by filling in the rule.
"Your honor this is an exception to hearsay as it is a then-existing mental state. A then-existing mental state is..."
"... 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), but not including a statement or memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant's will."
"Given how controversial he is, it's a shock no one's tried to kill him yet."
- Dana Haskins, to Ashley Connell and Kirby Doolittle
803(21), reputation concerning character: a reputation among a person's associates or community concerning the person's character
Your Dana Haskins testifies on direct that Taylor Hopson's doesn't match the psychological profile of a killer. Opposing counsel objects to improper character evidence. How do you respond?
Your honor, pursuant to case law Claypoole v. Yoo, in a Slayer Statute proceeding, evidence showing that the defendant’s psychological profile does not match the psychological profile of a hypothetical culpable actor does not constitute improper character evidence under rule 404(a)(1).
Rory is the first person to find Bancroft having a heart attack. What happened?
I couldn’t tell who was screaming, but I could tell what they were screaming: “Help, he’s dying!” Curious, I dashed over, and yet again, I found my way to Cabin 1 (Bancroft’s cabin). I figured Bancroft was the one in trouble. I managed to make my way into the cabin to see what was happening. I saw Bancroft crumpled on the floor. Bancroft looked just like a family member of mine that had a heart attack. Bancroft could barely speak. His phone was lying near him. He had a purple pen in his hand pointing at this small lockbox in the corner of the room while saying, “must . . . sign . . .” I don’t know what Bancroft needed to sign because he then passed out.