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To: BlackElk

If McQueary testifies that he told Paterno, it is not excluded under the hearsay rule. I suggest that you study-up on the subject.


115 posted on 10/05/2014 6:56:14 PM PDT by 1rudeboy
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To: 1rudeboy
McQueary can certainly testify to that. It is Paterno who cannot testify as to what McQueary told him unless it falls within certain well-defined exceptions to the hearsay rule. Examples: Testimony against interest. If McQueary confessed that McQueary had raped the child, that exception would apply. Dying declarations by those who know they are dying imminently.

I got a B in evidence in law school. How about you? I practiced trial law for several decades. How about you? Your first sentence is correct beyond question and I never suggested otherwise. Your second sentence is impertinent.

123 posted on 10/05/2014 9:06:06 PM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Club: Rack 'em Danno!)
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