Question
6.5 Gary is on trial for murdering Bruce. The prosecution offers Sam to testify that on the day of Bruce's murder Gary stated to Sam,
6.5 Gary is on trial for murdering Bruce. The prosecution offers Sam to testify that on the day of Bruce's murder Gary stated to Sam, "I hate Bruce! I'm going to kill him tonight." Gary objects, claiming the testimony is hearsay. Is the testimony hearsay? Is the testimony admissible?
6.6Ralph is on trial for robbery for robbing a jewelry store. He raises alibi defense and claims that at the time of the robbery he was in a motel 50 miles away. He calls Sabrina, a clerk of Mayflower Motel, to testify. Sabrina testifies that she could not remember registering Ralph on the day in question but acknowledges that she was on duty that day. She identifies a motel registration card that contains Ralph's name and home address, which indicated that Ralph did check in at the motel on that day. Ralph requests to offer the registration card into evidence. The prosecution objects, claiming the registration card is hearsay. Is the registration card hearsay? Is the card admissible?
6.7 Officer Walker caught Rodger in the act of stealing a bike at a train station. Officer Walker arrested Rodger and took him to the police station. He made a police report in which he described his observation of Rodger's act of stealing a bike. Rodger is on trial for theft. Officer Walker is retired and is no longer in town. The prosecution requests to offer the police report into evidence to show Rodger committed the act of theft. The prosecution argues that the police report, though hearsay, is admissible under the public record exception. The defense objects. How do you rule?
6.8Frank, the chauffeur, is on trial for murdering Mr. Richman. The prosecution calls Martha, the maid, to testify. Martha is to testify that on the day of Mr. Richman's death she heard a moaning sound from Mr. Richman's study. She rushed into the study and found Mr. Richman on the floor, bleeding profusely. He mumbled to her: "Frank stabbed me." Frank objects, claiming the testimony about Mr. Richman's remark is hearsay. Is the testimony about Mr. Richman's remark hearsay? Can Martha testify about the remark?
6.9Suppose in his dying breath, Mr. Richman also said to Martha: "Frank has been stealing from the house. He stole my gold watch and diamonds." The police found the watch and diamonds in Frank's possession. At Frank's trial for grand larceny, the prosecution calls Martha to testify about Mr. Richman's statement about Frank's act of theft. Frank objects on the ground of hearsay. Can Martha testify about Mr. Richman's statement?
6.10Elton is on trial for assaulting his wife. While Elton was assaulting his wife, the wife made a 911 call. In the call, she reported that her husband was beating her up. The wife was hospitalized and cannot come to court to testify. The prosecution calls the 911 operator to testify about the wife's statement in the 911 call. The court rules that the operator's testimony about the wife's statement, though hearsay, is admissible under the exception of present sense impression. Elton raises a constitutional challenge. He claims that to allow the operator to testify would violate his right of confrontation as guaranteed by the Sixth Amendment to the U.S. Constitution. He argues that his wife is the one who accuses him of committing a crime and she must be in court to be confronted. Is the operator's testimony in violation of the Confrontation Clause? How do you rule?
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