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Read the following case problem. Then use the hearsay exceptions discussed in this...

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gagnonmercy | eNotes Newbie

Posted April 3, 2013 at 6:18 PM via web

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Read the following case problem. Then use the hearsay exceptions discussed in this Module to analyze the problems and to determine whether the evidence (even though it is hearsay) in each case can be admitted under an exception. Provide your ruling and an explanation using the provisions of 803 or 804 and the rules discussed in the Module.

The police received an unidentified 911 call stating, "I hear screams coming from Apartment 3A at 346 Main Street. I think Fred is beating his wife again!" When police respond to the apartment, the defendant, named Fred, opens the door and frantically says "Help me...hurry. I pushed my wife and she fell and hit her head."  The police immediately called for paramedics.  When the paramedics arrive, they find the wife on the floor, dazed, in a state of shock and bleeding from the head.  They ask the wife how and where she had been injured.  She responds by stating, "My head really hurts. My husband hit me in the head with a hammer because he thought I was cheating on him."  While being worked on in the emergency room, the wife begins to lose consciousness.  Before she dies, she grabs the arm of a nurse and states, "I'm dying--I can feel it.  Tell my son that Fred did this to me..."  The wife survives and largely recovers, but loses all memory about what happened.  Fred is charged with attempted murder.  At the trial, the prosecution wants to introduce the following statements:

1.  The 911 call tape.

2.  Have one of the responding officers testify about Fred's statements to the police.

3. The responding officers' police report that contains statements by Fred and his wife.

4. A paramedic to testify about the wife's statements to the paramedics.

5. The emergency room nurse to testify about wife's statements to the nurse.

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