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8 Sep 2022, 11:47 am by Michael Oykhman
The Guilty Act (Actus Reus) The actus reus, which the Crown must prove beyond a reasonable doubt, to secure a conviction of uttering threats is that: You knowingly uttered or conveyed a threat The case of R v Leblanc, 1988 CanLII 131 provided that the courts have interpreted the word “threat” to include any message that encourages or endorses some ill will to befall the recipient. [read post]
25 Mar 2011, 10:37 am by Viking
In trial involving aggravated sexual abuse of a child, the victim’s statements to a physician’s assistant made “three years after the first alleged instance of abuse, and roughly a week after the most recent abuse” were not admissible as excited utterances under FRE 803(2), in United States v. [read post]
28 Aug 2009, 1:29 am
10thCir-Denver.jpg Victim statement made about an hour after a brutal assault during his transport to the hospital was admissible as excited utterances; there was no Confrontation Clause violation since there "a full and fair opportunity to cross-examine" the victim about the statement, even though the victim "did not testify as to the content of his post-assault statements", in United States v. [read post]
24 Aug 2009, 1:40 am
250px-Ruger_P89_3.png In felon in possession of a firearm trial, witness's 911 call after she saw the defendant in a car with a gun was admissible as an excited utterance despite her testimony at trial that she had exaggerated the report in summoning the police; the exaggerations went "to the weight, not the admissibility of the 911 call"; Sixth Circuit concluded the 911 call "better fits the present sense impression exception," in United States… [read post]