Hearsay Exceptions: The Residual Exceptions
In a series of posts, I’ve been covering some of the hearsay exceptions that arise most commonly in criminal cases. The residual exceptions make that list. Here is your primer […]
February 24, 2014
Hearsay Exceptions: Public Records & Reports
In my last blog post on hearsay exceptions, I discussed the business records exception. Here, I’ll address the hearsay exception for public records and reports. Rule 803(8) provides a hearsay […]
February 19, 2014
Hearsay Exceptions: Business Records
Continuing my series on commonly used hearsay exceptions, we arrive, in this post, at the business records exception. This one comes up a lot in criminal cases. Here are the […]
February 18, 2014
Hearsay Exceptions: Recorded Recollection
In a series of blog posts, I’ve been tackling the most common hearsay exceptions. This post focuses on the Rule 803(5) exception for recorded recollections. N.C. Rule 803(5) contains a […]
January 21, 2014
Hearsay Exceptions: Then Existing Mental, Emotional, or Physical Condition
I’ve previously blogged about hearsay exceptions for admissions by party-opponents (here), present sense impressions and excited utterances (here), and statements for purposes of medical diagnosis and treatment (here). In this […]
November 18, 2013
Hearsay Exceptions: Present Sense Impressions & Excited Utterances
Rule 803 sets out twenty-three hearsay exceptions that apply regardless of the declarant’s availability. Two that arise with some frequency in criminal cases are present sense impressions and excited utterances. […]
November 12, 2013
Hearsay Exceptions: Admissions by Party-Opponents
Evidence Rule 801(d) sets out a hearsay exception for “Admissions by a Party-Opponent.” If you’re not clear on that rule, read on. The rule says that a statement is admissible […]
March 20, 2013
Are a Child’s Statements to a Treating Psychologist Admissible Under Hinnant?
Suppose a child victim of sexual abuse is referred to a psychologist for counseling. In the course of treatment the child reveals details about the abuse. If the child doesn’t […]
April 30, 2012
Child Victims and the Medical Diagnosis and Treatment Hearsay Exception
Child victim cases often present an array of challenging evidence issues. In a paper here I addressed many of those issues. One common question that folks contact me about is […]
December 7, 2011
Is the Translation or Interpretation of Another’s Statements Hearsay?
Suppose a person who speaks only Spanish is stopped on suspicion of impaired driving by two officers, Officer A and Officer B. Officer A speaks and understands only English. Officer […]
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