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Faculty Publications

Evidence

Hearsay

Articles 1 - 7 of 7

Full-Text Articles in Law

Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg Jan 2010

Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg

Faculty Publications

In recent years, prosecutors - sometimes with the blessing of courts - have argued that when proving the existence of a “conspiracy” to justify admission of evidence under the Coconspirator Exception to the Hearsay Rule, they need show only that the declarant and the defendant were “coventurers” with a common purpose, not coconspirators with an illegal purpose. Indeed, government briefs and court decisions specifically disclaim the need to show any wrongful goal whatsoever. This Article contends that such a reading of the Exception is mistaken and undesirable. Conducted for this article, a survey of thousands of court decisions, including the earliest English ...


Hearsay: Traps & Problem Issues, Paul C. Giannelli Jan 1998

Hearsay: Traps & Problem Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.


Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance Jan 1992

Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance

Faculty Publications

Response to Professor Damaska's presentation at the Hearsay Reform Conference, Minneapolis, Minnesota, 1992.


Hearsay: Part I, Paul C. Giannelli Jan 1990

Hearsay: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Part Iv, Paul C. Giannelli Jan 1990

Hearsay: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Part Ii, Paul C. Giannelli Jan 1990

Hearsay: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Part Iii, Paul C. Giannelli Jan 1990

Hearsay: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.