Evidence Flashcards
What is Hearsay?
Out of court statement to prove the truth of the matter asserted.
Character Evidence Specific Acts
Character evidence is generally inadmissible to prove that the person acted in accordance with that character trait on a particular occasion.
What is Mimic Evidence? (OK I PIMP
Evidence of prior specific instances of conduct are admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident (also known as MIMIC evidence).
Opporunity
Knowledge
Identity
Lack of Accident
Preparation
Intent
Motive
Pla n
GA Mimic Evidence Rules?
In Georgia, the prosecution must provide the defendant with reasonable notice of its intent to use MIMIC evidence unless the court excuses the notice requirement upon a showing of good cause.
Double Hearsay:
A statement that contains hearsay within hearsay may be admissible as long as each part of the combined statement conforms to a hearsay exception.
Co-Conspirator Statements
Admissible, but only if it is during the occurrence of another crime. Party status of co-conspirators is insufficient.
Judge Bias
A judge will be required to recuse himself from a trial where there exists an apparent conflict of interest or other bias that will prevent the judge from rendering a fair and impartial ruling on the facts of the case.
Physician Patient Privilege
Georgia does not recognize the physician-patient privilege. Georgia does have a “physician’s shield” statute providing that a physician is not required to release a patient’s medical information except when authorized by the patient, required by court order, or when the patient has placed her treatment or extent of her injuries in issue.
Confidential martial Communications
Under the confidential marital communications privilege, a communication made between spouses while they were married is privileged if the communication was made in reliance on the sanctity of marriage. The privilege applies to both civil and criminal cases.
Spousal Immunity
Spousal immunity prevents a spouse from being called as a witness by the prosecution in a criminal proceeding.
Confidential Communications
Georgia recognizes a privilege for confidential communications made by a client to her certified public accountant.
AT Privilege Communication
In general, a confidential communication between a client and an attorney for the purpose of obtaining or providing legal assistance for the client is privileged. However, a communication made in the presence of a third party destroys the privilege, unless the third party is a representative of the client or the attorney, or is necessary to assist in the communication.
Admissible Forms of Evidence in GA
In Georgia, character evidence may be admitted only in the form of reputation or opinion testimony, regardless of whether the proceeding is civil or criminal.
Admissible when character is an essential element of a claim or a defense.
Excited Utterance
An excited utterance is a statement made about a startling event or condition while the declarant is under the stress of excitement that it caused. Utterance must be related to the event.
Business Records
A record of an event is not excluded as hearsay if: (i) the record was kept in the course of a regularly conducted activity, (ii) the making of the record was a regular practice of that activity, and (iii) the record was made at or near the time by someone with knowledge. Medical records are considered business records to the extent the entries relate to diagnosis or treatment.
