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Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.
Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made, was so far contrary to the declarant's pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or ...
"Statements against interest" made by other witnesses are sometimes admissible over the hearsay exception, but that is covered by a different exception. [3] The "statements against interest" rule is different because: It is party neutral (the hearsay exemption is party-specific). The declarant must be unavailable.
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
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 ...
A witness may be unavailable for a variety of reasons. A common reason for a witness to be unavailable is that the witness is claiming a Fifth Amendment privilege against self incrimination. Other privileges are also a source of unavailability. Witnesses may also be unavailable because they have died, had memory loss, or simply decided not to ...
The NFL playoff schedule is about to be set, with the wild-card dates and times for every matchup to be revealed during Week 18.
Dry January is a challenge started in 2013 to eliminate alcohol from your diet. This is what you need to know about the health benefits.