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Mattox v. U.S
Content Type: Brief

View this case and other resources at: Citation. 534 U.S. 1032 122 S. Ct. 572 151 L. Ed. 2d 444 2001 U.S. Brief Fact Summary. John Mullen (Victim) was killed, and Mr. Mattox (Appellant) was convicted of his murder; that conviction was set aside and a second trial held. At the second trial, the lower court allowed into evidence a court reporter's notes that recorded the testimony of prosecution witnesses in the first trial who had since died, and disallowed Appellant to introduce, as impeachment evidence, testimony that the deceased witness had made statements contradicting his ...

United States v. Vigneau
Content Type: Brief

View this case and other resources at: Citation. 546 U.S. 1010 126 S. Ct. 640 163 L. Ed. 2d 518 2005 U.S. Brief Fact Summary. The defendant, Patrick Vigneau (the "defendant"), was convicted at trial for his participation in a drug distribution scheme. Synopsis of Rule of Law. Documents which contain statements by third parties not involved in the business, may not be entered into evidence unredacted as records of regularly conducted business activities, as they do not contain the indicia of reliability required of exceptions to the hearsay rule. ...

Beech Aircraft Corp. v. Rainey
Content Type: Brief

View this case and other resources at: Citation. 488 U.S. 153, 109 S. Ct. 439, 102 L. Ed. 2d 445, 1988 U.S. Brief Fact Summary. The spouses of the plaintiffs died during flight training when their plane was unable to recover from an evasive maneuver. The defendant, Beech Aircraft Corp. (the "defendant") attempted to admit an investigative report that concluded the accident was caused by pilot error. Synopsis of Rule of Law. Federal Rules of Evidence ("F.R.E.) Rule 803(8)(c) should be construed broadly to ensure reports that contain opinions or conclusions are not automatica ...

Dallas County v. Commercial Union Assurance Co
Content Type: Brief

View this case and other resources at: Citation. 286 F.3d 388 (5th Cir. 1961). Brief Fact Summary. The government of Dallas County (Appellant) sued Commercial Union Assurance Co., its liability insurance carrier (Appellee), claiming that Appellee owed Appellant for damages to an insured building. At trail, the lower court allowed Appellee to introduce into evidence a newspaper article. Ultimately, the jury found in favor of Appellee, and Appellant appeals here. Synopsis of Rule of Law. When an event at issue during litigation occurred so long ago that there are likely no tru ...

Johnson v. State
Content Type: Brief

View this case and other resources at: Citation. 967 S.W.2d 410, 1998 Tex. Crim. App. Brief Fact Summary. At the murder trial of Arnold E. Johnson (Appellant), the prosecution introduced evidence that implicated Appellant in a previous murder, even though Appellant was ultimately acquitted of that crime. Also during Appellant's trial, a prosecution witness's previously recorded statement was read into evidence, despite the witness's indication that he had no recollection of the events to which his statement referred. At the conclusion of the trail, Appellant was found guilty ...

Palmer v. Hoffman
Content Type: Brief

View this case and other resources at: Citation. 318 U.S. 799, 63 S. Ct. 756 87 L. Ed. 1163 1943 U.S. Brief Fact Summary. The respondent-plaintiff (the "respondent") brought several claims of negligence against the petitioner-defendant (the "petitioner") railroad, and a wrongful death action on behalf of his deceased wife. The petitioner attempted to admit, as evidence, statements made by the since-deceased train engineer. Synopsis of Rule of Law. Business records admissible under the hearsay exception rules do not include accident reports prepared for litigation even if th ...

Mutual Ins. Co. v. Hillmon
Content Type: Brief

View this case and other resources at: Citation. 145 U.S. 285, 12 S. Ct. 909, 36 L. Ed. 706, 1892 U.S. Brief Fact Summary. Mrs. Sallie Hillmon ("Mrs. Hillmon"), upon the death of her husband, sought to collect on three insurance policies insuring his life. The insurance company defended on the grounds that Mr. Hillmon was not actually dead. Synopsis of Rule of Law. Whenever a person's intention is of itself a distinct and material fact in a chain of circumstances, it may be proved by contemporaneous oral or written declarations of the party. ...

Shepard v. United States
Content Type: Brief

View this case and other resources at: Citation. 129 S. Ct. 750 172 L. Ed. 2d 745 2008 U.S. Brief Fact Summary. The defendant was convicted of poisoning his wife, allegedly because he was in love with another woman and wanted to marry her. At trial, the prosecution attempted to admit evidence of a conversation that the dying woman had with her nurse, in which she had implicated the defendant. Synopsis of Rule of Law. In order for a statement to be admitted as a dying declaration, there must be sufficient proof that the statement was made in the shadow of impending death and ...

U.S. v. Iron Shell
Content Type: Brief

View this case and other resources at: Citation. 633 F.2d 77, 1980 U.S. App. Brief Fact Summary. John Louis Iron Shell (Appellant) was convicted by a jury of assault with intent to commit rape on a woman named Lucy (Victim). At trial, various out-of-court statements, made by Victim to a police officer and a physician, were admitted under two exceptions to the hearsay rule. Based on the admission of the out-of-court statements by the lower court, Appellant appeals his conviction. Synopsis of Rule of Law. No per se abuse of discretion occurs when a lower court finds that Fed ...

Shepard v. United States
Content Type: Brief

View this case and other resources at: Citation. 129 S. Ct. 750 172 L. Ed. 2d 745 2008 U.S. Brief Fact Summary. The defendant was convicted of poisoning his wife, allegedly because he was in love with another woman and wanted to marry her. At trial, the prosecution attempted to admit evidence of a conversation that the dying woman had with her nurse, in which she had implicated the defendant. Synopsis of Rule of Law. In order for a statement to be admitted as a dying declaration, there must be sufficient proof that the statement was made in the shadow of impending death and ...