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A Memo on Hearsay. MEMORANDUM ISSUES I. Whether the e-mails written by Summer
and Ryan are admissible, and if so, for what purpose(s)? II. ...
... utterance relating thereto will be ineligible for exception from the hearsay rule ...
The memo delivered to all 911 operators describing the program explained that ...
Submitted by kelly26 on March 4, 2008
Category: Miscellaneous
Words: 1958 | Pages: 8
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MEMORANDUM
ISSUES
I. Whether the e-mails written by Summer and Ryan are admissible, and if so, for what purpose(s)?
II. Whether the dating privilege applies to Summer.
III. Whether the seizure of the packet of white powder was proper.
SHORT ANSWERS
I. The e-mails written by Summer and Ryan are admissible because they express the feelings and mental states of both Summer and Ryan, and those feelings are material to this case. In addition, the e-mails can be authenticated and are therefore admissible as evidence.
II. The dating privilege does not apply to Summer because under both the "factor approach" and the "definitional approach" Summer and Ryan do not have a "dating relationship."
III. The seizure of the white packet was proper because the "plain view" doctrine applies in this case. The police officer acted reasonably when he pulled Ryan over for a broken tail light, and since he inadvertently came across the packet of white powder, the seizure was proper.
DISCUSSION
I. THE E-MAILS ARE ADMISSABLE IN ORDER TO HELP ESTABLISH WHETHER SUMMER AND RYAN WERE DATING.
The Federal Rules of Evidence provides: "Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Fed. R. Evid. 801(c). Although hearsay is inadmissible at trial, an exception to the hearsay rule applies when the declaration is material to the issues under trial and is that of "intention, feelings, or other mental state of a certain person at a particular time, including bodily feelings. . . ." Adkins v. Brett, 184 Cal. 252, 255 (1920). In Adkins, the court held that prior statements made by a wife to her husband, although hearsay, were admissible because the statements expressed the wife's feelings towards her husband, and those feelings were material to the case. Id.
Furthermore, the...
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