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Relevance
- Relevant?
- 403?
- Specialized relevance rules?
Character Evidence
- Is it character evidence?
- 404(b) route around propensity box
- Habit?
- Exception?
- 404(a)(1) Character of Accused?
- 404(a)(1) Character of Accused?
- 404(a)(2) Character of Victim? Rape shield law?
- 405(b) Specific instance of conduct as essential element?
- 413-415 Sexual assault?
- Non character based? (contradiction, past inconsistent statement, bias)
- Character based?
- 608(a) Character of truthfulness – opinion/rep
- 608(b) Specific acts on cross bearing on truthfulness?
- 609(a)(1) conviction > 1 year bearing on truthfulness?
- 609(a)(2) any conviction w/element based on untruthfulness?
- 609(b) Less than 10 years?
Hearsay
- Is it an assertion?
- Offered to prove the truth?
- Effect on person?
- Verbal act?
- Impeachment?
- More than one level of hearsay?
- Exception to hearsay?
- 807 catch all?
- Criminal/Civil? (Confrontation clause; Testimonial?)
Exceptions To Hearsay
801 – Declarant testifies at trial, subject to cross, AND
- Prior inconsistent statement under oath offered substantively
- Prior consistent statement offered in rebuttal
- Prior identification
801 – Statement by party opponent offered against him, AND
- Party’s own words
- Adoptive admission
- Co-conspirator statement
- Statement of agents
803 – Availability of declarant immaterial, AND
- Present sense impression
- Excited utterance
- Statement of then existing condition
- Medical diagnosis
- Recorded recollection (writing used to refresh memory)
- Business records (absence of business records)
- Public records (absence of public records)
- Ancient documents
804 – Declarant unable to testify, AND
- Former sworn testimony
- Statement against interest
- Dying declarations
- Forfeiture by wrongdoing
807 – Catch All
- Reliability and trustworthiness
All the best,
JD