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Full-Text Articles in Law
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
University of Miami Law Review
No abstract provided.
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Campbell Law Review
Using the nine modes of impeachment recognized by the common law, I will examine some of the possibilities for impeaching hearsay declarants. As I explore each mode, I will discuss whether extrinsic, as well as intrinsic, evidence may be used to impeach the hearsay evidence.
Evidence, David A. Schlueter
Evidence, David A. Schlueter
Faculty Articles
This article addresses some of the more significant evidence cases decided by the Fifth Circuit during the survey period.' Before turning to the cases themselves, it is important to note at the outset that like other federal courts, the Fifth Circuit is generally not inclined to reverse a case on an evidentiary error. It should not be surprising then that in most of the cases which follow, the court implicitly deferred to the decision of the trial judge in deciding whether a certain piece of evidence was admissible.
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Articles
In this article, I propose two changes in the way hearsay issues are usually resolved. First, in some circumstances courts should divide the burdens of producing the declarant-for example, by imposing the physical burden on the proponent and the financial burden on the opponent. Second, no matter how the declarant is produced as a witness, she should ordinarily testify as part of the proponent's case, subject to cross-examination by the opponent. If the declarant does become a witness, the admissibility of her out-of-court statement should not be resolved until her current testimony about the underlying events is received.