In a criminal trial, the prosecution seeks to prove that the defendant, Calvin Broadus robbed a store. There was a witness named Christopher Wallace who told a police officer named Jermaine Cole that he heard other people (not the defendant) talking about the robbery. Mr. Wallace does not appear for trial. The prosecution seeks to offer these statements (the statements that Mr. Wallace made to Officer Cole) as true statements that show the robbery happened. The other attorney objects.

 

A. Is this hearsay?

B. Why or why not

2. In a criminal case, a defense lawyers cross-examines a witness named Joseph Simmons. The defense lawyer seeks to ask Mr. Simmons about something he said in court a few minutes ago, when the prosecutor was asking him questions. The prosecutor objects to the question.

1. Is this hearsay?

1. Why or why not?

3. This is the drug distribution trial of Curtis Jackson. During the trial, a police officer testifies that Mr. Jackson (who is the defendant) admitted that he sold the drugs. The defense lawyer objects.

1. Is this hearsay?

1. Why or why not

4. This is the Assault & Battery trial of Aubrey Graham. Mr. Graham is the defendant. His defense is that he was defending himself from the victim, Robert R. Williams. Mr. Graham takes the stand and testifies that the Mr. Williams threatened to kill him one day before. The prosecutor objects.

1. Is this hearsay?

1. Why or why not?

5. This is the domestic assault & battery trial of James Todd Smith. On June 1^st, 2022, Mr. Smith had a confrontation with his girlfriend Dana Owens. When the police came to the home on 6-1-22, Ms. Owens told the police that Mr. Smith yelled at her but never touched her. However, a few months later, Ms. Owens testifies at trial that Mr. Smith (the defendant) shoved her down. The defense lawyer attempts to ask Ms. Owens about her original statement to the police on the night of the incident that the defendant never touched her. The prosecutor objects.

1. Is this hearsay?

1. Why or why not?

6. In a domestic assault & battery case, Cornell Haynes is accused of punching his girlfriend, Kimberly Jones. However, Ms. Jones doesn't testify at the trial. The prosecutor seeks to admit a 911 tape where Ms. Jones screams at the top of her lungs, "He broke my house!" The 911 call was made 3 minutes after she was struck in the face by Mr. Haynes

1. Is this hearsay?

1. Why or why not?

7. This is the trial of Daryl McDaniel. McDaniel is alleged to have caused a car accident. Mr. McDaniel was driving a red ford. A witness, Richard Walters, saw Mr. McDaniel's car crash into 3 other cars causing them to flip over. The next day he is still upset at what he saw, calls the police and yells over the phone, "The red car caused all of it!" Mr. Walters doesn't appear at trial and the prosecution seeks to ask a police officer to testify to what Mr. Walters said when he called the police. The defense lawyer objects.

1. Is this hearsay?

1. Why or why not?

8. A victim is robbed late at night on public street. The defendant flees in a vehicle. A homeless person sees the entire robbery and immediately writes down the license plate of the defendant's vehicle on the back of a cigarette carton. The homeless person states that he can remember the license plate number from his own memory. The prosecutor seeks to admit the writing on the cigarette carton into evidence. The defense lawyer objects.

1. Is this hearsay?

1. Why or why not?

9. The defendant, Andre Young, is charged with first degree murder. He is charged with shooting Eric Wright. As Mr. Wright lay on the floor bleeding after being shot 6 times, he tells the police that "the shooter ran down Maple Street". Mr. Wright died the same night. The police find the defendant hiding in the bushes on Maple Street. At trial, the prosecutor seeks to admit Mr. Wright's statements by asking the police officer that he made the statement to, to testify to what he (Mr. Wright) said. The defense lawyer objects.

1. Is this hearsay?

1. Why or why not?

10. This is the shoplifting trial, and the defendant is Kendrick Duckworth. He is charged with stealing from a store. The store clerk, William Roberts, tells the police the following: "The man who stole is Kendrick Roberts. He is 6'3, male, white, and wearing a blue shirt, black pants, and light blue sneakers." Mr. Roberts doesn't appear at trial. The prosecution seeks to ask a police officer to testify to what Mr. Roberts said. The defense lawyer objects.

1. Is this hearsay?

1. Why or why not?

*11-12. This is a sexual assault trial. The victim was sexually assaulted on March 1^st, 2022. On March 2^nd, 2021, the victim told her mother that the defendant sexually assaulted her earlier the day before. She then told her sister the next day (March 2^nd, 2023). These are the only two people that she told. Two years later the victim informs the police of the assault. The prosecutor seeks to have the mother testify to what the victim told her. The defense lawyer objects.

1. Is this hearsay?

1. Why or why not?

12. Using the same fact as #10: Assume that the prosecutor wants to call the victim's sister, instead of the mother, to testify to what the victim told her about the sexual assault. The mother is available to testify. Is this allowable?

Why or why not?

13. The defendant, Nasir Jones, is charged with a shooting Sean Carter. After the shooting, a woman named Inga Marchand was at an apartment. At the apartment, Ms. Marchand heard a man named Reggie Noble screaming about how he was the one who shot the defendant. She saw him with a gun in his waistband and he had blood splatter on his shirt. The defense lawyer wants to ask Ms. Marchand what she heard Mr. Noble say. The prosecutor objects.

1. Is this hearsay?

1. Why or why not?

14. Jamal Barrow is charged with illegal possession of a firearm. The gun was found in Mr. Barrow's home. During the investigation the investigating officer received a phone call from a person only identifying themselves as "Phil". On the officer's voicemail, Phil says that the gun was planted in Mr. Barrow's home by another person. Phil leaves a number to call him back, but the investigating officer never returns the phone call. The defense lawyer wants to ask the cop about what the voicemail said and the prosecutor objects.

1. Is this hearsay?

1. Why or why not?

15. The defendant is charged with drunk driving. When he is arrested, the defendant admits to the police that he drank 10 beers before he drove. The prosecutor seeks to admit the defendant's statements. The defense lawyer objects.

1. Is this hearsay?

1. Why or why not?