Term
| In State v. Everett, is the report prepared by Det. Matthews that includes a description of clothing, blue jeans, and the black shirt, is that testimonial or non-testimonial evidence? |
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Definition
TESTIMONIAL
(prepared in anticipation of a trial) |
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Term
In State v. Everett, Det. Matthews, in his report, indicates that the subjects fled on foot down Conti riverbound in the direction of the Iberville Housing Project , is that information Testimonial or Non-Testimonial? |
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Definition
Non-Testimonial
(The information, not the report) |
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Term
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In State v. Everett, Ofc. Lindsay has been called to the witness stand by the state. Lindsay would like to testify that Ofc. Matthews told him by radio that there were spent bullet casings and broken glass at the scene. Can Officer Lindsay testify to this information? Is it Testimonial or Non-Testimonial? |
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Definition
Yes he can testify to this information under one of the hearsay exceptions.
It is Testimonial. |
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Term
In State v. Everett, Ofc. Lindsay is on the Witness stand and wants to use the MORF (Major Offense Report Form) to testify about the location of the victim when he arrived and the fact that he observed a 2007 Chrysler Pacifica parked in the parking lot at the University Hospital. Is the testimony Testimonial or Non-Testimonial? |
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Definition
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Term
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In State v. Everett, Ofc. Lindsay also observed with his eyes the fact that there were bullet holes in the vehicle. Is that observation testimonial or non-testimonial? |
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Definition
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Term
In State v. Everett, Dr. Mills would like to testify that he reported to Ofc. Lindsay on the night of the incident that the victim was in serious condition. Can he testify to this and is it Testimonial or Non Testimonial? |
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Definition
Yes, he can testify to this under the hearsay exception 803(4): Statements for the purpose of medical treatment and medical diagnosis in connection with treatment.
It is testimonial. |
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