United States v. Duncan
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Williams v. Alexander
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Johnson v. Lutz
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View this case and other resources at: Citation. 253 N.Y. 124, 170 N.E. 517 (1930) Brief Fact Summary. A motorcycle collision occurred, and there was a dispute about the manner in which it took place. Synopsis of Rule of Law. The exception to the hearsay rule for records of regularly conducted business activities does not encompass documents like police reports, which contain statements made by third parties not under any duty to prepare the document or to tell the truth when talking to the officer preparing the report. ...

United States v. Vigneau
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Baker v. State
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View this case and other resources at: Citation. 170 Vt. 194, 744 A.2d 864 (1999) Brief Fact Summary. The defendant, Baker (the "defendant") was convicted of murder and burglary. Synopsis of Rule of Law. A document or other piece of evidence need not have been prepared by the witness, or pass any other test of reliability when it is being used solely to refresh recollection. This more demanding standard is only required when the evidence in question is sought to be admitted as past recollection recorded. ...

Adams v. The New York Central Railroad Co
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View this case and other resources at: Citation. Court of Common Pleas, Cuyahoga County, Cleveland, Ohio, 1961. Brief Fact Summary. Certain portions of a trial transcript in a personal injury matter concerned the past recollection recorded exception of the hearsay rule. Synopsis of Rule of Law. The document at issue here was not admissible under the past recollection recorded exception to the hearsay rule, because it was not a business record. ...

Zippo Manufacturing Co. v. Rogers Imports, Inc
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View this case and other resources at: Citation. 216 F. Supp. 670, 1963 U.S. Dist. 137 U.S.P.Q. (BNA) 413 Brief Fact Summary. Plaintiff corporation brought suit alleging trademark infringement and unfair competition against defendant corporation in connection with the manufacture of wind proof cigarette lighters. Synopsis of Rule of Law. Surveys may be admitted under two distinct bases: (1) that they are not hearsay because they are not technically offered to prove the truth of the matter asserted, and (2) that they are offered to prove then existing state of mind of the de ...

United States v. Owens
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View this case and other resources at: Citation. 178 L. Ed. 2d 471 Brief Fact Summary. John Foster ("Mr. Foster"), a correctional guard, was attacked and beaten. This attack required him to spend one month in the hospital to heal from a head injury and resulted in a severely impaired memory. The first interview with him was unsuccessful, but a subsequent interview found him much improved and able to pick respondent as his attacker out of an array of photographs. Synopsis of Rule of Law. The Confrontation Clause of the Sixth Amendment of the United States Constitution ("Cons ...

United States v. Pheaster
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View this case and other resources at: Citation. 382 U.S. 861 86 S. Ct. 121 15 L. Ed. 2d 99 1965 U.S. Brief Fact Summary. An individual named Larry disappeared after leaving a restaurant called Sambo's North. A ransom note was delivered to his car and picked up by his parents just after an anonymous telephone call telling them where to look. The parents were warned not to call the Federal Bureau of Investigation ("FBI") but they did it anyway. Their child was never found. Synopsis of Rule of Law. Hearsay evidence is admissible if it goes to the state of mind of the declara ...

Adkins v. Brett
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View this case and other resources at: Citation. 184 Cal. 252, 193 P. 251, 1920 Cal. Brief Fact Summary. A husband sued his wife's lover for alienating her from him. Synopsis of Rule of Law. Federal Rule of Evidence ("F.R.E.") Rule 803(3) says a statement of the declarant's then existing . . .state of mind, emotion . . ., but not including a statement of memory or belief can be used to prove the fact remembered or believed unless it relates to the execution , revocation, identification, or terms of declarant's will. When the intention, feelings or other mental state of a c ...

Mutual Life Insurance Co. of New York v. Hillmon
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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. ...

G.M. McKelvey Co. v. General Casualty Co
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View this case and other resources at: Citation. 166 Ohio St. 401, 142 N.E.2d 854, 1957 2 Ohio Op. 2d 345 Brief Fact Summary. A company sought to collect on a policy insuring it against theft, among other things, when a number of employees were found to have been misappropriating funds. Synopsis of Rule of Law. A statement against interest by a person not a party to the proceedings is admissible if the (1) the witness is unavailable to testify, (2) the person had a special way of knowing about the matters involved in the statement, (3) the witness had no motive to falsify t ...

United States v. Barrett
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Williamson v. United States
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United States v. Salerno
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United States v. Doerr
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View this case and other resources at: Citation. 886 F.2d 944 (7th Cir. 1989) Brief Fact Summary. The defendant was convicted of one conspiracy to use interstate commerce to engage in the business of prostitution, and one conspiracy to defraud the Internal Revenue Service ("I.R.S."). Synopsis of Rule of Law. A co-conspirator's statement satisfies the "in furtherance" portion of Federal Rules of Evidence ("F.R.E.") Rule 801(d)(2)(E) when it is part of the information flow that helps all members perform their roles. Moreover, in order for a hearsay statement to be admissib ...

Bourjaily v. United States
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View this case and other resources at: Citation. 483 U.S. 171, 107 S. Ct. 2775, 97 L. Ed. 2d 144, 1987 U.S. Brief Fact Summary. Clarence Greathouse ("Mr. Greathouse"), while working as an informant for the Federal Bureau of Investigation ("FBI"), arranged to sell a kilogram of cocaine to Angelo Lonardo ("Mr. Lonardo"). Synopsis of Rule of Law. Pursuant to the Federal Rules of Evidence (F.R.E.) Rule 801(d)(2)(E), a statement is not hearsay if the statement is offered against a party and is a statement by a co-conspirator of a party made during the course of and in furtheran ...

Travelers Insurance Co. v. Wright
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View this case and other resources at: Citation. 322 P.2d 417 (Okla. 1958) Brief Fact Summary. Two men were accused of burning down a property on which they later attempted to collect fire insurance. Synopsis of Rule of Law. In order to introduce testimony from a former trial into a subsequent one there must be (1) an inability to obtain the testimony from the witness, (2) a previous opportunity to cross examine the witness, (3) similarity of issues, and (4) similarity of parties. ...

United States v. DiDomenico
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United States v. Goldberg
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View this case and other resources at: Citation. 538 F.3d 280 (3d Cir. 2008) [2008 BL 165634] Brief Fact Summary. The defendant owned several businesses around the Logan Airport area of Boston. He hired two people to aid him in opposing a tunnel project which threatened to adversely affect those businesses. All three were indicted for conspiracy to commit tax related fraud against the United States government in connection with those activities. Synopsis of Rule of Law. A co-conspirator takes the conspiracy as he finds it, and becomes responsible for all aspects of the c ...

Big Mack Trucking Co. v. Dickerson
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View this case and other resources at: Citation. 497 S.W.2d 283, 1973 Tex. 16 Tex. Sup. J. 404. Brief Fact Summary. Two men that both worked for the defendant trucking company, Big Mack Trucking Co. (the "defendant"), stopped at a truck stop. One man left his truck unattended, and it rolled forward crushing the other man between the two trucks. The deceased's family sued for damages. Synopsis of Rule of Law. In order for hearsay statements to be allowed into evidence, they must fall under some exception to the hearsay rule. For an exception to apply requiring that the dec ...

Sabel v. Mead Johnson & Co
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View this case and other resources at: Citation. 737 F. Supp. 135, 1990 U.S. Brief Fact Summary. The plaintiff, Sabel ("plaintiff"), sued the defendant, Mead Johnson & Co. pharmaceutical company ("defendant"), after the antidepressant drug Desyrel allegedly caused a priapism, requiring surgery and leaving him impotent. Synopsis of Rule of Law. Special care must be taken in applying exceptions to the hearsay rule, especially when the risk of unfair prejudice substantially outweighs the relevance of the evidence. Moreover, in situations where an agency exception is to be ...

State v. Carlson
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Mahlandt v. Wild Canid Survival and Research Center, Inc
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View this case and other resources at: Citation. 588 F.2d 626, 1978 U.S. App. Brief Fact Summary. A 4 year old child was walking to his neighbor's house to get his brother. A neighbor heard screams, looked out his window, and saw that the boy was in an enclosure in which Mr. Poos, a neighbor, kept a wolf that he used in his educational trips to neighborhood schools, and that the head of the wolf was near the child. Nobody saw the wolf bite the child. Synopsis of Rule of Law. A statement made against a party that is the party's own statement, is admissible under Federal Rul ...

Reed v. McCord
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View this case and other resources at: Citation. 18 App. Div. 381, 46 N.Y.S. 407 (App Div, 2d Dept 1897) Brief Fact Summary. The defendant in a medical negligence case testified as to some of the circumstances surrounding the accident. The coroner then got on the stand and testified as to some of the things that the defendant had said, over objection by the defendant. Synopsis of Rule of Law. A statement made by a party against a party's own interest is not hearsay, and may be admitted substantively. Issue. Whether the statements by the coroner as to the statements made ...