Daily Archives August 18, 2019

ADMISSIBILITY OF AN OUT OF COURT STATEMENT IN TRIAL: HEARSAY EXCEPTIONS

In both criminal trials as well as the civil cases often the outcome hinges on a witness statement that is hearsay (out of court statement) but admissible under one of the exceptions. The Court of Appeals in Sims v. U.S., decided on August 15, 2019, expanded and explained in details the admissibility of the “present sense impression” exception to the hearsay rule. Sims was convicted of murder at trial and a significant corroborating evidence was introduced through the present sense impression statement/exception to the hearsay rule. One of witnesses at trial testified that he arrived to the scene shortly after
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