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In this question, the brother is a hostile witness, but that doesn't mean he is unavailable to testify. Explain why hostile witness doesn't mean unavailable
In this question, the brother is a hostile witness, but that doesn't mean he is unavailable to testify. Explain why hostile witness doesn't mean unavailable to testify..
Question A defendant has been sued for theft by his former employer. At trial, the employer seeks to call the defendant's estranged daughter to testify. The daughter would testify that her brother told her, \"I helped [the defendant] steal money from his employer.\" The brother is available to testify but would be a hostile withess. The defendant's attorney objects to the daughter's testimony on hearsay grounds. The employer argues that the statement is admissible under the hearsay exception for statements against interest. Should the court permit the daughter to testify about her brother's statement over the defendant's objection? No, because the brother is available to testify. B No, because the hearsay exception for statements against penal interest applies only in criminal cases. C Yes, because the statement exposes the brother to criminal liability. D Yes, but only if corroborating circumstances clearly indicate the statement's trustworthinessStep by Step Solution
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