Category Archives: Hearsay – Child Statements

GUARDIAN AD LITEM (GAL) REPORTS AND THE FOOL-PROOF HEARSAY TEST (13-08)

QUESTION: GAL reports usually contain “out of court statements” made by various third parties including the child(ren) at issue, such as “I saw daddy punch mommy in the face.” What legal analysis should the court follow if an attorney objects to the admissibility of such statements on hearsay grounds?

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Residual Hearsay Exception Rule, Minn. R. Evid. 807 (10-12)

QUESTION: THE MORNING OF TRIAL YOU ARE ASKED TO RULE ON THE ADMISSIBILITY OF A HEARSAY STATEMENT UNDER THE RESIDUAL EXCEPTION TO THE HEARSAY RULE (Minn. R. Evid. 807). WHAT IS THE RESIDUAL HEARSAY EXCEPTION RULE AND WHAT 6 STEP ANALYSES MUST YOU FOLLOW TO PROPERLY RULE?

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Pendleton10.12-Residual_Hearsay_Exception_Rule

Determining Admissibility of Hearsay – Crawford v. Washington (10-08)

The Morning Of Trial, While Addressing Motions-In-Limine, You Are Asked To Rule On The Admissibility Of A Hearsay Statement For Use In The State’s Case In Chief. The Following Is A Seven Step Analysis The Court Should Apply In Determining Admissibility Of Any Hearsay Statement Under Crawford v. Washington, 541 U.S. 36 (2004); see State v. Cox, A08-145 March 18, 2010.

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