July 09, 2009
Say What?
A little production perhaps only a lawyer would find funny.....
Actually, my favorite hearsay exception is found not under Rule 803, but under Rule 804, namely the "statement [made] under belief of impending death" - otherwise known as the "dying declaration".
The LMC will recall the bar review course we took together eons ago. The prof reviewing this particular exception (he was from Cornell, I b'lieve), put on his best Jimmy Durante voice and said, "I'm not talkin' about the speaker feeling a little under da weathah. I'm talkin' da Grim Reaper is at da top of his backswing!"
Heh.
Professor Rossi, I believe. I also remember Professor Whitebread's advice about how to handle a question involving prisoners: "Prisoners are losers and losers lose. Don't love them, don't hate them, just SCREW them!"
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