Question
Dana was prosecuted for armed robbery of a local convenience store. At trial, the store clerk, Morris, was unable to identify Dana. The robber had
Dana was prosecuted for armed robbery of a local convenience store. At trial, the store clerk, Morris, was unable to identify Dana. The robber had been extremely unkempt, with long hair and a scruffy beard. At trial, Dana wore a suit and tie. He was clean shaven and had short hair. The prosecutor then showed Morris a group of photographs. Morris testified that she had previously told the prosecutor that the third photograph was a picture of the robber. The third photograph was a picture of Dana with long hair and a beard. Morris' testimony is:
A) Inadmissible, because it violates Dana's confrontation rights.
B) Inadmissible, as hearsay not within any exception.
C) Admissible, as a prior identification
D) Admissible, as past recollection recorded.
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