Federal Rules of Evidence 801 & 803

Review the following situations and evidence. In a 2-page paper, explain how you would respond to the situation or evidence. In your paper, list the hearsay exception(s) and any case law that supports your answer to the following situations or evidence.

2 peer-reviewed or academic resources

Can use cornell law or text  Cases and Materials on the Rules of Evidence 7th edition Wellborn

MUST make mention of specific rules:

FRE 803(3)

FRE 801(d)(1)(B)

1. The victim makes statements within a hospital after having been shot and is in serious condition.

2. A defendant in a bar brags that you “mess with me and you will get it like that bitch got it in Temple.”

3. A witness hears another person say “this rope should be long enough to let me get from the ceiling to the floor of the bank.”(The person making the statement is incompetent and cannot go to trial but the person on trial is charged with conspiracy to commit bank robbery)

4. A victim tells a police officer “Jimmy beat me” while covered in blood and then lapses into a coma and later dies.

5. The cell phone records of a defendant to show his phone was in proximity to a murder scene.