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Chapter 64, Article 64.01 stipulates the conditions necessary for a convicted person to ask for DNA testing to be done on evidence that might exonerate the person. First off, the evidence must be likely to contain DNA. Second, the motion must be filed with a sworn statement from the defendant.
Under the Federal Rules of Evidence, Rule 804(b)(3) provides: "A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to ...
In United States law, a statement against penal interest is a statement that puts the statement-maker at risk of prosecution.It is the criminal equivalent of a statement against interest, a statement a person would not normally make, which would put them in a disadvantaged position that they would have had if they had not made the statement in the first place.
The first order directed the Texas Department of Public Safety to target and arrest anyone implementing CCP influence operations like “Operation Fox Hunt,” an initiative of the PRC to forcibly ...
Donald Trump's former co-defendants are asking the judge who tossed his classified documents case to issue an emergency order blocking the public release of special counsel Jack Smith's final ...
The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the common law, with the exception of a few penal statutes. [3] In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas.
Daniel Penny says a lawsuit filed by Jordan Neely’s father should be dismissed outright, according to a new filing by his attorneys. On Monday, Penny submitted a reply to the civil suit filed ...
The "statements against interest" rule is different because: It is party neutral (the hearsay exemption is party-specific). The declarant must be unavailable. The statement must be against the penal interest (under federal rules of evidence) or the fiscal or social interest (under the rules of states not following the federal rules).