Evidence Flashcards
Present Sense Impression H Exception
a statement describing or explaining an event or condition
that is made while or immediately after the declarant perceived it is admissible
a statement describing past or present symptoms (H.E.)
is not hearsay if it is **made for medical diagnosis or treatment. **
A statement of the cause or source of the condition is admissible if it is reasonably pertinent to diagnosis or treatment.
The statement need not be made to a physician nor be made by the patient.
CC
Under the Sixth Amendment Confrontation Clause, a** criminal defendant** has the right to confront any witnesses against him.
An** out-of-court testimonial statement** is not admissible against a criminal defendant when the declarant is unavailable to testify** unless the defendant had a prior opportunity to cross-examine the declarant.**
In determining whether a statement is testimonial
TESTIMONIAL ==> Statements made under circumstances that would cause an objective witness to reasonably conclude that the statement would be available for use at a later trial (e.g., statements made during a custodial examination to an investigator, or in an affidavit)
NON ==> A statement made to police with the primary purpose of enabling police to help meet an ongoing emergency (e.g., during a 911 call) is not testimonial.
excited utterance (HE)
A statement about a startling event or condition while the declarant is under the stress of excitement that it caused is excepted from hearsay.
The **event must shock or excite the declarant
and the statement must relate to the event.
Ineffective Counsel
Under the Sixth Amendment, defense counsel was ineffective when
(1) his/her performance was deficient (eg, failed to inform the defendant that a guilty plea may affect the defendant’s immigration status) and
(2) there is a reasonable probability that, but for this deficient performance, the trial’s outcome would have been different.
