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On appeal, the defense argues that the following evidence should not have been admitted. The defense attorney made a timely objection to each of these
On appeal, the defense argues that the following evidence should not have been admitted. The defense attorney made a timely objection to each of these pieces of evidence at trial. (1) Fagan's statement about being happy to see the clinic burned to the ground. (2) Fagan's statement about the Acetone in his garage. (3) Fagan's arson conviction from 2010. (4) Fagan's arson arrest from 2015. (5) The cross-examination question about Fagan's statement regarding the Nationals game. (6) Cooper' rebuttal testimony reporting Fagan's statement about the Nationals game. (7) Fagan's 2019 theft conviction. In its response, the prosecutor argues that all of that evidence was properly admitted, and argues that (8) Brown's testimony about Jennifer's statement should not have been admitted. However, the prosecutor did not object to Brown's testimony at trial. You are a law clerk to a judge that is hearing this appeal. Please prepare a bench memo explaining to your judge how she should rule on each of these eight issues, based on the relevant Federal Rules of Evidence sections that apply, and why. Be sure your discussion for each of the 8 is completea few sentences will not be enough
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