Question
First, Roy, the defendant husband, has made a motion in limine to exclude portions of the testimony of two witnesses. Assume that the witnesses would
First, Roy, the defendant husband, has made a motion in limine to exclude portions of the testimony of two witnesses. Assume that the witnesses would testify as follows:
Proffered testimony of Esther Garris:
Q. Did you see Jackie on June 15, 1986.
A. Yes I did.
Q. Describe her appearance.
A. Well, the first thing I notice was that she had a patch over her eye.
Q. Now, did you have occasion at that time to ask either Lorna [the wife] or Roy about the injury to Jackie's eye?
A. I asked Lorna.
Q. Did Lorna respond?
A. She told me that she fell, and then when we started discussing the stitches Jackie had, I asked her how did Jackie fall, and that's when she told me.
Q. Would you tell the jury what Lorna told you?
A. She told me that she was downstairs, and that Roy came downstairs and told her to go upstairs because Jackie was bleeding. When she went upstairs, Jackie had a washcloth over her eye, and Lorna told me that Jackie's eye was bleeding. Lorna said that Jackie told her she had been sitting on Roy's lap, and fidgeting. Roy asked her to stay still, and when she did, she wet her pants. Roy then shoved her off his lap, and she hit her eye on a piece of furniture.
Proffered testimony of Gina Todd:
Q. Do you remember seeing a cut over Jackie's eye at one time?
A. Yes, when I first met Lorna, I saw a cut over Jackie's eye, on the right side.
Q. Was it over her eye?
A. Yes, on the right side, over the eye, and Lorna said ---
Q. What did she say?
A. She said that Roy and Jackie were roughhousing on the bed, and that Roy pushed her. Jackie's eye was cut as a result. They took her to an off-base hospital so that no one would get her husband in trouble.
Roy objects, arguing that these statements are inadmissible hearsay. Which of the following would be good arguments in opposition to Roy's objection?
Lorna's statements are not hearsay under 801(c). |
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