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Tony is charged with selling cocaine. At the preliminary hearing, a witness for the prosecution testifies that Tony supplied him with the cocaine. At the
Tony is charged with selling cocaine. At the preliminary hearing, a witness for the prosecution testifies that Tony supplied him with the cocaine. At the trial, the witness surprises the prosecution and, in response to the question of who supplied him with the cocaine, the witness says that he does not remember. In federal court, the prosecution calls the court reporter at the preliminary hearing to testify that at that hearing, the witness said that Tony supplied him with the cocaine. Defendant objects on hearsay grounds. The judge should: Question 3 options: a) Overrule the objection. b) Overrule the objection, if the prosecution agrees to use the statement only for impeachment. c) Sustain the objection, because only the transcript is admissible to prove the inconsistent statement. d) Sustain the objection, because the court reporter was not under oath at the preliminary hearing
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