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Chapter 12 Extra Credit Hypos Hearsay Print

Write a concise paragraph responding to each hypo on the reverse or on a separate sheet of paper attached to this one.

1. Defendant (D) is being prosecuted for the murder of Victim (V), who he is charged with killing over a drug deal. At trial, D offers to have a friend of V (F) testify that V left behind a considerable stash of dope, and when F was trying to sell it to another dealer, X, X told F, "This better be good stuff. If you try to rip me off on this, I'll take you out like I did V." D will use this evidence to argue that X is the real killer, not D. D has used every means he can to find X, but X is apparently living with the killer of OJ's wife, and can not be located.Should the judge allow F to testify? Why?

2. In response to a dispatch call of domestic violence, the police officers arrive at the scene and find Wife standing out in front of the house, crying, shaking, and quite upset. She has significant bruises on her face, neck and arms, and a bleeding cut to the facial area. Before the officers can ask her what happened, she points to Husband, who is just getting into the car, and says "Stop him before he gets away. He's the one who did this to me." The police learned that the assault has just occurred. She proceeds to go into detail about the assault and her injuries. Husband is arrested and prosecuted for spousal battery. At trial, Wife refuses to testify even after the judge explains to her that there is no privilege and that she is legally required to testify. The DA then requests that the officer be allowed to testify to what she told him on the day of the assault.Should the judge allow the officer's testimony? Why?

3. Billy Bob is being prosecuted for infliction of mayhem in a bar fight. At trial, the DA wants to show that Billy Bob was present at the bar the night of the fight, and asks the witness Belinda Sue whether she saw Billy Bob there. She replies "Oh yeah, I'm sure he was there. A number of people told me they saw him." The public defender objects and asks that the answer be stricken (excluded).Should the judge sustain the objection (exclude the answer) or overrule the objection (allow the answer). Why?

4. Jeff Skilling is being prosecuted for passing fraudulent checks. His case is somewhat delayed and when it finally gets to trial, the bank teller who originally identified him as the person who attempted to cash the fraudulent check at her window doesn't remember his face. When asked by the US attorney if the defendant is the one who handed her the check, she replies "Its been a year and I've had thousands of customers since then. I really don't know." The government proposes to put on the FBI agent who showed her the photo line-up shortly after the incident to testify that the defendant is in fact the one she picked out of the line-up then.Should the judge allow the agent's testimony? Why?