Question
What are the federal Rules and explain them briefly? What can be said or furthered argued based on the statement? The first reason has
What are the federal Rules and explain them briefly? What can be said or furthered argued based on the statement?
The first reason has merit when looked at from the standpoint of the Federal Rules of Evidence, Rule 703; the State did not enter the Cellmark report in as evidence and the witness used it to base their opinion, at least in part. However, the witness did make statements from the Cellmark report, including a description of the sample from which the DNA profile was eventually developed. I would argue that the witness was offering those statements as being the truth and could not offer their own testimony without the use of Cellmark's findings. The dissenting opinion of the Court said much the same, "The use of the Cellmark statement remained bound up with its truth, and the statement came into evidence without any opportunity for Williams to cross-examine the person who made it." (Williams v. Illinois, 2012).
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