Witness Testimony Flashcards
Prosecutor calls Rob as a witness and asks him what he knows about Buddy. Rob responds as follows: “Laura informed me that Buddy is very skilled at hacking into people’s computers.” You object to this testimony and ask that it be stricken. How should the Court rule on you objection? Explain you answer
The Court should sustain my objection. Because Laura is not testifying in person under oath, her statement is hearsay because they are out-of-court statements being offered to prove the truth of the matter asserted and no exception applies.
At trial, Prosecutor’s first witness is Dr. Sam, who treated Suzie for abrasions on her wrists within an hour after Deputy discovered her in the motel room. Dr. Sam testifies that Suzie told him that the abrasions were caused by rope that Hank had tied around her wrists. You object to this testimony on the ground that it is hearsay and request that the Court strike it. How should the Court rule on you object? Explain fully.
The Court should overrule my objection. Dr. Sam’s testimony about Suzie’s out of court statements are hearsay, but as a statement made for the purpose of the medical diagnosis or treatment, the statement is an exception to the hearsay rule and admissible.
As his first witness, Prosecutor calls Rich, [an inmate at County Jail,] who has decided to plead guilty and cooperate with Prosecutor. Rich testifies that Joe confessed to him that he paid Officer Wally $100 to get a cell phone. Can Joe be convicted based on Rich’s testimony alone? Explain you answer.
No. A defendant may not be concived on the testimony of a witness to whom the defendant made a statement against interest during a time when the witness was imprisoned unless that testimony is corroborated by other evidence.
Prosecutor calls the custodian of records of Liquor Mart to introduce a statement of Wilma’s Liquor Mart account, which shows that Wilma purchased a bottle of whiskey there at 9:15 a.m. on Januar 17, 2014. You object that the statement is hearsay. For the statement to be admissible under the Texas Rules of Evidence, what must the testimony of the custodian of records show?
In order to introduce the business record into evidence, the testimony must show
1) that the receipt was kept in the regular course of business,
2) that it was the regular course of business for a person with knowledge to make the record,
3) that the receipt was made near the time of the event, and
4) that the witness is the custodian of records.
What procedural step can you take to ensure that this witness is present at rial to testify? What are two things that you must state as part of that procedural step?
I would file an application with the court clerk for a witness subpoena. In the application I would sate the name of the witness, the location and vocation of the witness, and that the testimony of the witness is material to the defense.
