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9 Aug 2010, 3:37 am by Evidence ProfBlogger
[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is...inconsistent with the declarant's testimony, and was given under... [read post]
27 Aug 2013, 5:59 am by Evidence ProfBlogger
Similar to its federal counterpart, Ohio Rule of Evidence 801(d)(1)(B) provides that A statement is not hearsay if...The declarant testifies at trial or hearing and is subject to cross-examination concerning the statement, and the statement is... [read post]
17 Jul 2019, 9:01 pm by Adam Zimmerman
The Supreme Court’s latest foray into this area is Merck v. [read post]
4 Sep 2009, 11:27 am
The admissibility of breathalyzer evidence in Massachusetts DUI cases may depend upon how the courts apply the United States Supreme Court's decision in Melendez-Diaz v. [read post]
30 Jan 2016, 12:41 pm by The Blog Team
” The Third Circuit turned that argument around on the government recently, in United States v. [read post]
21 Dec 2015, 4:00 am
The statement was made out of court so the “declarant” (person who made the statement) is unable to be cross-examined.The tricky part: hearsay may be admitted if the statement is not offered prove the truth of what was actually stated. [read post]