At the end of my last post on hearsay principles, I said I’d touch on some of the exceptions to the hearsay rule in this next post.  So here are some selected points about some selected exceptions I find interesting. • The coconspirator’s admission exception in Rule 801(d)(2)(E) (technically not an “exception” but part of the […]

BLOG BULLETS: Remember an out-of-court statement is hearsay only if it’s offered for the truth of the matter asserted; if you offer it simply to show what your client believed, it’s not being offered for the truth of the matter asserted and so isn’t hearsay. Remember also there can be hearsay within hearsay; if that’s […]

BLOG BULLETS: A recent Ninth Circuit case applies and gives force to changes in the mitigating role guideline that encourage its application in more cases. The changes include commentary that says courts in the past have applied the guideline more sparingly than the Sentencing Commission intended, that a defendant who does not have a proprietary […]