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Univ. of San Diego School of Law

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Saturday, January 12, 2008

SCOTUS to Hear Admissibility Case Concerning Out of Court Statement from murder Vic to Police

Court_front_med From latimes.com: The Supreme Court agreed Friday to hear a Los Angeles murderer's appeal to decide a legal question that sounds like a macabre joke: The man argues that his victim's statements to police shouldn't be admissible, because the dead witness isn't available for cross-examination.

The case, to be decided in the spring, could have a serious impact in many trials where a key witness isn't there to testify.

Three years ago, in something of a surprise, the high court said "hearsay" or other out-of-court statements generally cannot be used in a trial. That repealed the more relaxed rule that had been in effect for more than two decades. Rest of Article. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2008/01/scotus-to-hea-1.html

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