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Hearsay Evidence

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Prior Inconsistent Statement
Fred is shot. He tells the investigating officer that "I walked in the door, I argued with my wife, Wilma, and she shot me." At Wilma’s trial for battery, Fred testifies that he walked in the house, Wilma was on the couch with a gun pointing at the ground, he reached to grab the gun, and it went off, hitting him. Fred could not say who caused the gun to go off; it was an accident. Police Officer Barney testifies at trial about Fred’s statement at the scene. Wilma, the defendant, objects to the officer’s testimony as hearsay. How do you rule?
  1. Overruled. The police officer may testify about Fred’s statement as a prior inconsistent statement.
  2. Sustained. The police officer’s testimony about Fred’s out-of-court statement is inadmissible as hearsay.
  3. Overruled. The statement is admissible under the "interests of justice" exception to the hearsay rule.


Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-5006
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