Archived posting to the Leica Users Group, 2001/06/25

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Subject: RE: [Leica] Home depot and the rest
From: Marc James Small <msmall@roanoke.infi.net>
Date: Mon, 25 Jun 2001 22:03:27 -0400
References: <93.c52feab.286919cc@aol.com>

At 07:32 PM 6/25/01 -0400, Austin Franklin wrote:
>It is hearsay if that is related by someone else in court, and that is what
>happens in MA. I was missing the third party in my sentence, and I corrected
>this mistake a few days ago.  It is NOT the cop that shows up, but some
>"representative", so it is NOT the cop that says that in court, it is the
>"representative" that says that the cop said "I saw him speeding", and THAT
>is hearsay.

Austin, the proper rule is that "hearsay is not admissible OVER OBJECTION".
 Just about any statement is admissible unless YOU or your attorney says,
"OBJECTION!  HEARSAY!" -- the Judges around here will do that for you but,
clearly, not in your fair state.  That will change the equation quite a
bit.  I believe the US Supreme Court has guaranteed the fundamental
application of rules of evidence in both civil and criminal proceedings.
Substantive due process does have a limited life!

Marc

msmall@roanoke.infi.net  FAX:  +540/343-7315
Cha robh bąs fir gun ghrąs fir!

Replies: Reply from Brian Reid <reid@mejac.palo-alto.ca.us> (RE: [Leica] Home depot and the rest)
In reply to: Message from SthRosner@aol.com (Re: [Leica] Home depot and the rest)