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Soles v. State
Content Type: Brief

View this case and other resources at: Citation. ...

Truck Ins. Exchange v. Michling
Content Type: Brief

View this case and other resources at: Citation. 364 S.W.2d 172, 1963 Tex. 6 Tex. Sup. J. 238 Brief Fact Summary. The plaintiff sought to recover death benefits after her husband allegedly had an accident at work. Her testimony was the only evidence of such, and benefits rested on the admissibility of her testimony. Synopsis of Rule of Law. In order for a statement to qualify under the excited utterance exception to the hearsay rule, it must be made in conjunction with an occurrence that can be independently proven by some means other than the statement itself. ...

United States v. Rhodes
Content Type: Brief

View this case and other resources at: Citation. 129 S. Ct. 2751. Brief Fact Summary. Master Sergeant Roy A. Rhodes ("Mr. Rhodes") was tried for having conspired to commit espionage against the United States. Synopsis of Rule of Law. No rule given. ...

United States v. Brown
Content Type: Brief

View this case and other resources at: Citation. 548 F.2d 1194, 1977 U.S. App. 77-1 U.S. Tax Cas. (CCH) P9278; 39 A.F.T.R.2d (RIA) 1138 Brief Fact Summary. The defendant was charged with committing fraud in the preparation of other peoples' tax returns. He appealed his conviction. The defendant argued that the testimony of the Internal Revenue Service ("IRS") agent, made without entering the tax returns into evidence, that 90 ...

Silver v. New York Central Railroad Co
Content Type: Brief

View this case and other resources at: Citation. 329 Mass. 14, 105 N.E.2d 923, 1952 Mass. Brief Fact Summary. A fifty year old woman sustained injuries when the train car she was riding in was left without heat for approximately four hours, while a transfer was being completed to continue with the trip. As a result of those injuries, plaintiff sued the railroad. Synopsis of Rule of Law. The absence of declarations by those in situations similar to the plaintiff may be admitted if the conditions are substantially similar and offered to show that they all were subject to a comm ...

United States v. Jaramillo-Suarez
Content Type: Brief

View this case and other resources at: Citation. 950 F.2d 1378, 1991 U.S. App. Brief Fact Summary. Police conducted surveillance of defendant over a matter of days. At the conclusion of which he was found to be in possession of large quantities of cash, cash and cocaine were found in his apartment, and his companions were found with cash and cocaine residue. Synopsis of Rule of Law. A document is admissible if it is not offered to prove the truth of the matter asserted therein, but to prove that where it was found was the kind of place in which drug related documents were to ...

United States v. Zenni
Content Type: Brief

View this case and other resources at: Citation. 492 F. Supp. 464, 1980 U.S. Dist. Brief Fact Summary. During a lawful search for evidence of illegal bookmaking activity, conducted pursuant to a valid search warrant, law enforcement answered the phone several times. Synopsis of Rule of Law. Implied assertions, though they were considered hearsay at common law, are not considered hearsay under F.R.E 801 because they are not assertions, but non-assertive verbal conduct. ...

Fun-Damental Too v. Gemmy Indus. Corp
Content Type: Brief

View this case and other resources at: Citation. 111 F.3d 993, 1997 U.S. App. 42 U.S.P.Q.2D (BNA) 1348 Brief Fact Summary. Fun-Damental Too ("Fun-Damental") manufactured a toy bank shaped like a toilet that made a flushing sound when the handle was depressed, allowing coins to drop into the bank. Gemmy Industrial Corporation ("Gemmy") manufactured a similar bank and sold it to a large retail store for less money. Fun-Damental sued for trade dress infringement. Synopsis of Rule of Law. Statements are only hearsay when they are offered to prove the truth of the matter assert ...

United States v. Hernandez
Content Type: Brief

View this case and other resources at: Citation. 750 F.2d 1256, 1985 U.S. App. 17 Fed. R. Evid. Serv. (Callaghan) 693 Brief Fact Summary. A Drug Enforcement Agency ("DEA") agent and an informant went undercover in order to obtain evidence sufficient to arrest the defendant on charges of cocaine trafficking. Synopsis of Rule of Law. An out of court statement made by someone other then the declarant, which is offered to prove the truth of the matter asserted, namely that someone is in fact guilty of criminal charges, is hearsay, and may be so prejudicial as to warrant revers ...

Johnson v. Misericordia Community Hospital
Content Type: Brief

View this case and other resources at: Citation. 99 Wis. 2d 708, 301 N.W.2d 156, 1981 Wisc. Brief Fact Summary. Plaintiff underwent hip surgery at the defendant, Misericordia Community Hospital (the "defendant"). During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis. Dr. Salinsky settled with plaintiff, and was apportioned 20% of the liability, while the defendant was apportioned the other 80%. Synopsis of Rule of Law. Statements made by other doctors as to prior investigations conducted into the records of the doctor in this case, wer ...