Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: PUGACHEV

Definitely not a dying declaration. Declarant has to have genuine expectation of imminent death.

Not an excited utterance since it wasn’t made at the moment of experiencing the creaks.

Not a declaration of then-existing mental, emotional, or [physical condition. (That she was feeling uneasy would be, but as to what she allegedly heard, it would not.)

Not a present sense impression because it was not made in concert with an act or conduct.

ALL of which is just my opinion.


20 posted on 06/25/2021 11:32:01 AM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
[ Post Reply | Private Reply | To 12 | View Replies ]


To: BenLurkin

I know, but I am confident that you could get it in, especially if it’s a bench trial.


26 posted on 06/25/2021 11:35:45 AM PDT by PUGACHEV
[ Post Reply | Private Reply | To 20 | View Replies ]

To: BenLurkin

But since it’s not being offered to prove the truth of the matter asserted it’s not hearsay in the first place.


45 posted on 06/25/2021 12:16:17 PM PDT by circlecity
[ Post Reply | Private Reply | To 20 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson