Evidence question about Statements of Party Opponents

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mohdban
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Evidence question about Statements of Party Opponents

Postby mohdban » Tue May 02, 2017 2:32 am

Hey guys,

For statements of party opponents exemption from hearsay, can we offer a statement against a defendant party that they deny saying?

For example, P was riding his car when someone from behind told him: "give me your keys." P could not see this person, except his blue jacket. He gave him his keys and the person carjacked P's car.

The police caught a suspect (D) and he is on trial now. He denies being the person that stole the car. Can P offer the statement against D of "give me your keys" under the statement of a party opponent exemption of hearsay? 801(d)(2)?

Thanks

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KunAgnis
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Re: Evidence question about Statements of Party Opponents

Postby KunAgnis » Tue May 02, 2017 4:16 am

mohdban wrote:Hey guys,

For statements of party opponents exemption from hearsay, can we offer a statement against a defendant party that they deny saying?

For example, P was riding his car when someone from behind told him: "give me your keys." P could not see this person, except his blue jacket. He gave him his keys and the person carjacked P's car.

The police caught a suspect (D) and he is on trial now. He denies being the person that stole the car. Can P offer the statement against D of "give me your keys" under the statement of a party opponent exemption of hearsay? 801(d)(2)?

Thanks


I'm not the evidence guy to go to, but I don't think the party admission exception would apply here. For the P to offer it in the first place, he would have to have evidence suggesting that D was the "someone" who initially said it. Otherwise, it would seem to be just tacking on a statement against a suspect.

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Teoeo
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Re: Evidence question about Statements of Party Opponents

Postby Teoeo » Tue May 02, 2017 8:46 am

I think you are mixing up the hearsay exception with authentication. Assuming hearsay, P would be unable to authenticate the statement, unless he was able to say that he could tell which voice it was for xyz reason. Your example is doubly confusing because that wouldn't even be hearsay to begin with, so no exception is needed.

B90
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Re: Evidence question about Statements of Party Opponents

Postby B90 » Tue May 02, 2017 8:56 am

Teoeo wrote:I think you are mixing up the hearsay exception with authentication. Assuming hearsay, P would be unable to authenticate the statement, unless he was able to say that he could tell which voice it was for xyz reason. Your example is doubly confusing because that wouldn't even be hearsay to begin with, so no exception is needed.

This.

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cron1834
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Re: Evidence question about Statements of Party Opponents

Postby cron1834 » Tue May 02, 2017 2:10 pm

Not within hearsay b/c verbal act. But, yeah, authentication problem.




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