(Download) "Henry Laumer v. United States" by District of Columbia Court of Appeals. # eBook PDF Kindle ePub Free

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Title: Henry Laumer v. United States
Author : District of Columbia Court of Appeals.
Release Date : January 05, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

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NEWMAN, Chief Judge : On this appeal, we are asked to consider whether declarations against penal interest should be admissible in evidence as an exception to the hearsay rule in this jurisdiction. Concluding that they should, we remand for a new evidentiary hearing and for a ruling on whether the excluded statements meet the standards for admissibility that we adopt herein. 1 In Part I, we set forth the relevant evidence and trial proceedings. In Part II, we discuss the declaration against penal interest exception and adopt that exception as formulated in FED. R. EVID. 804 (b) (3) for this jurisdiction. We discuss the trial court's inquiry in ruling on the admissibility of such proffered declarations in Part III. Part IV contains our reasons for remanding appellant's case and ordering an evidentiary hearing. I