BuenAbogado wrote:Trying to crowdsource a bit here.
1. Can people bring up instances in essays where CEC has led to an alternate or substantial likelihood of an alternate result vs. the FRE? I'm trying to determine which exceptions to really focus on.
2. (A) Also, is a defendant considered unavailable for purposes of statement against interest, dying dec., etc. if he is present but merely refuses to testify? (B) How about party admission?
July 2007 part 1 might have gotten in under the present sense impression exception but would not under CA's contemporaneous statement exception. In CA the contemporaneous statement must be about the speaker's own conduct.
Also July 2009 part 1. Statement of fault while offering to pay medical expenses is admissible under FRE, inadmissible under CEC.
To your second point, this is something that differs between FRE and CEC. FRE says if the guy refuses to testify he is unavailable, CEC has no such general exception. CA's only exception there is if someone refuses to testify because they have been threatened for doing so.
Party admission is no problem because it does not require unavailability. It just always gets in.