The bizarre trial of bin Laden's bodyguard Aug 1, 2008
While there are many exceptions to the basic hearsay rule, hearsay evidence generally remains prohibited ... The Military Commissions Act, passed by Congress in 2006, expressly permits hearsay evidence, provided it is "reliable" and "probative" -- a standard that renders the hearsay rule meaningless ... Allred told counsel outright at the beginning of Hamdan's trial that he will accept any recognized exception to the hearsay rule and any hearsay evidence offered under the "less rigorous standard... (Salon)
Casey to stand trial Wednesday Jul 15, 2008
Under the hearsay rule in U.S. courts-a technical rule governing unsworn statements made outside of court, and therefore not subject to cross-examination-certain statements made by witnesses are not allowed as testimony if they are intended to prove the truth of what is asserted, because often such information is unreliable. But Martin, after listening to Chavez-Ochoa s expert witness on the psychiatric disorders of highly intoxicated patients, ruled that the evidence was admissible. (San Andreas Calaveras Enterprise, CA)
WOLEDZI v. AKUFO-ADDO and Another Mar 3, 2008
He said it is an exception to the hearsay rule because it is a statement made contemporaneous with the events giving rise to this action ... Such evidence may fall within the hearsay rule or offend against the principle of relevancy. (Ghana Web, Ghana)
Live blog: Hans Reiser trial for Feb. 27, 2008 Feb 28, 2008
Hora, as he's done at least once before, said that as a prosecutor, under the Evidence Code, the hearsay rule "doesn't appear to exclude any statements he makes that I seek to admit." That's a special rule that applies to prosecutors, he said. "I can't call Hans as a witness, and he's not subject to cross-examination at my decision." He added, "As the court knows, the hearsay rule never operates to exclude statements by me offered against him." Other rules might apply, but not the hearsay rule,... (San Francisco Chronicle -- Crime)
More of this story Feb 21, 2008
"Double hearsay is not admissible... each level of hearsay must conform to an exception to the hearsay rule," the response reads. Deen further states that the account set forth in the affidavit by Melder, who the prosecutor says is a close friend of Osburn, is inaccurate and misleading. (Hamburg Ashley County Ledger, AR)
Murder trial begins in apartment shooting Dec 19, 2007
Circuit Court Judge Ferrell Coth-ran Jr., however, ruled in favor of the prosecution's argument that the statements made by Raines were done so under the excited utterance clause of the hearsay rule. Despite the setback, defense attorney Byron Gipson continued to press his attack under cross examination. (Orangeburg Times and Democrat, SC)
Report: Drew Peterson denies claims he fired gun in home Dec 15, 2007
JIM HAMMER, FORMER ASST. SAN FRANCISCO DA: Well, again, we talked about this thing that law students study over and over, the hearsay rule ... If it's an excited utterance, that's an exception to the hearsay rule. (Fox News)
Allen says he wanted loyalty, felt sympathy Oct 28, 2007
Allen wasn't allowed to say what Chan told him -- that conversation ran afoul of the hearsay rule. But he was able to describe the result. (Anchorage Daily News)
Chambers To Court: Tell God To Chill Out Sep 19, 2007
If God or a representative failed to show up at a hearing, however, the hearsay rule might be meaningless since, usually, the rule against hearsay doesnt apply until someone objects to it as hearsay. Chambers also sought to forego the usual requirement that a plaintiff (Chambers) show a legitimate effort was made to notify the defendant (God) that an injunction had been sought against Him. (Nebraska Statepaper)
PM blasts Rudd over Hicks case Feb 22, 2007
Welcome to The Sydney Morning Herald. February 22, 2007 - 5:19PM. (Sydney Morning Herald -- Australia)
Government rests in Libby case Feb 9, 2007
"Libby subsequently repeated the information about Plame to other journalists, always with the caveat that he had heard it from reporters, he has said. Prosecutors say Libby concocted the Russert conversation to shield him from prosecution for revealing classified information from government sources.Mitchell evidence deniedLibby's attorneys say Russert knew about Plame from colleagues David Gregory and Andrea Mitchell. Mitchell said in an interview that she and other reporters knew Plame worked... (MSNBC -- Politics)
Prosecution Rests in Libby's CIA Leak Trial Feb 9, 2007
"There's no Imus exception to the hearsay rule. This has no business in a federal court.". Wells has questioned Russert about other phone conversations he couldn't remember, inconsistencies between his current account and FBI notes of an agent's original interview with him, and the likelihood that he would've let such a high-ranking official off the phone without fishing for some news. (Fox News -- Politics)
Full Story » Nov 7, 2006
Wesson and Van Gerven will be presenting their joint investigation into the identity of a man who died in Kansas 127 years ago, prompting an 1892 Supreme Court case (Mutual Life Insurance Company v. Hillmon) that led to today's state-of-mind exception to the hearsay rule, which remains an important part of federal evidence law today. As one of the coldest of the cold-case files, both Wesson and Van Gerven have studied clues that might help to solve the 1879 murder mystery to determine whether or... (Boulder Colorado Daily, CO)
Hearsay rule bars some information from jurors' ears in Proffit murder trial Nov 3, 2006
Hearsay rule bars some information from jurors' ears in Proffit murder trial. When Chris Adsit stepped on the stand Wednesday during her brother's murder trial, she just wanted to tell her side of the story. (Gillette News-Record, WY)
Colorado professors believe they've solved mystery Oct 26, 2006
The dispute about the identity of the dead man went to the U.S. Supreme Court twice and led to an important exception to the hearsay rule on federal evidence that is still used today. After years of teaching students about the case and doing research for a book on the subject, Wesson decided to try to solve the mystery. (Topeka Capital-Journal -- News)
New Twist In Case Of Intrigue: New Trial Oct 11, 2006
The testimony of emergency medical technician Jeremy Knapp, who treated Leslie Buck initially, is still admissible under a medical treatment exception to the hearsay rule. But Buck never identified her assailant during her conversation with Knapp about her injuries and symptoms, and his testimony will be of marginal value in a new trial. (FOX61, CT)
At trials of detainees, will hearsay evidence be heard? Aug 7, 2006
Administration critics counter that the same can be said about organized crime leaders, international drug traffickers, spies, mass murderers, and a long list of terrorists, all of whom have been tried and convicted in US courts under existing hearsay rules ... "It would serve us well as a country to sit down and come up with a hearsay rule that has exceptions for the needs of the war on terror, not just ignore the hearsay rule in general," Senator Graham told Mr. Gonzales in a hearing last week... (Christian Science Monitor)
Old Grave Dug Up May 20, 2006
This exception to the no-hearsay rule exists today. If the remains in the grave turn out to be John Hillmon, that could upset the Court's decision. (FOX4 Kansas City, MO)
Researchers Seek Answers To 1870s Murder Mystery May 20, 2006
Other Ways to Get News. May 19, 2006 7:13 pm US/Mountain. (CBS 4, CO)
High court will hear Nevada case May 16, 2006
Under a then-existing exception to the hearsay rule, the trial judge allowed the victim's mother and a police detective to testify about statements the victim had made about the rapes. In the 2004 case, the U.S. Supreme Court ruled in Crawford v. Washington that hearsay testimony similar to the kind admitted in Bockting's trial is not admissible unless the defendant has the opportunity to cross-examine the victim. (Las Vegas Review-Journal -- Nevada News)
Final Reminder: Legal KM Conference Feb 8, 2006
more than just an exception to the hearsay rule. Thursday, January 19, 2006 Final Reminder: Legal KM Conference. (Blawg)
Top Ten Reasons Blogs are a Bad Idea for Law Firms Jan 20, 2006
more than just an exception to the hearsay rule. Saturday, January 14, 2006 Top Ten Reasons Blogs are a Bad Idea for Law Firms. (Blawg)
Berman on Lesser Evils Jan 13, 2006
The hearsay rule is notoriously difficult to conceptualize precisely, because the canonical formulation, that hearsay is "an out-of-court declaration introduced for the truth of the matter asserted," is not transparent ... The hearsay rule is usually not violated if an out-of-court declaration is introduced for the purpose of demonstrating its illocutionary force. (Blawg)
