
	Where results make sense

Topic: Statement against penal interest

Related Topics

Exclamation

Pronoun game

Pronoun

Closed class word

Adverb

Part of speech

List of English prepositions

Preposition

Expletive

	Against (Site not responding. Last check: 2007-10-09)
		Against All Authority Against All Authority is a 1992.
		Against Me Against Me! Against Me! was originally a Fat Wreck Chords is seen as not representing the politics of the band, and thus...
		Against the Grain 1992) Against the Grain is 1991.
	www.brainyencyclopedia.com /topics/against.html (1376 words)

	United States v. Barone
		The court found that Limoli was unavailable; that his statements regarding his participation in crimes on behalf of the Patriarca Family were against his penal interest; and that sufficient corroboration and indicia of reliability attended the making of the statements.
		Moreover, to the extent that the statements implicate Limoli in the Patriarca Family and its activities, they demonstrate "an insider's knowledge" of a criminal enterprise and its criminal activities, which is sufficiently against Limoli's penal interest to come within the exception.
		Barone maintains that the hearsay exception for declarations against interest is not firmly rooted and, therefore, such declarations are presumptively untrustworthy and inadmissible in the absence of proof by the government of the reliability of the statements.
	www.law.emory.edu /1circuit/june97/94-1593.01a.html (9655 words)

	02-2404
		However, the facts of the case suggest that the absence of corroboration separate and apart from the contents of the brother's statement was an apparent basis for both the circuit court's decision to exclude the evidence and the court of appeals' decision to affirm.
		In this sense, the statement against penal interest may be sufficiently "self-corroborating," under the circumstances, by virtue of having been repeated in substantially the same form to a second or third witness.
		Although Daniel's statement to York is not precisely identical to his confession to Cole, a reasonable person could conclude on the basis of Daniel's confession to York that, in light of all the facts and circumstances, his earlier confession to Cole was true.
	www.wicourts.gov /html/sc/02/02-2404.htm (5508 words)

	Exclamation -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-09)
		The term can also refer to an (A punctuation mark (!) used after an exclamation) exclamation mark.
		In (The body of law dealing with crimes and their punishment) criminal law, they are considered to be a (additional info and facts about statement against penal interest) statement against penal interest.
		As such, they are not excluded by rules which prohibit (Gossip (usually a mixture of truth and untruth) passed around by word of mouth) hearsay.
	www.absoluteastronomy.com /encyclopedia/e/ex/exclamation.htm (117 words)

	Insufficient corroboration to admit statement against penal interest in jury adjudication proceedings (00-1-12)
		The court ruled that the statement amounted to double hearsay and that Rule 803(24), an exception to the hearsay rule for statements against interest, did not render the statement admissible.
		In criminal cases, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.
		The purported statement is alleged to have occurred shortly after the altercation with Rangel.
	www.tjpc.state.tx.us /publications/reviews/00/00-1-12.htm (1591 words)

	01-0506 (Site not responding. Last check: 2007-10-09)
		Malcom contends that the statement was sufficiently corroborated.
		In deciding the admissibility of a statement against interest, the proper inquiry is not whether the judge believes the statement to be true "but rather whether there is sufficient corroboration for a reasonable person to conclude that it could be true." State v.
		Because the statements contained in Cole's affidavit were merely debatable, we conclude that the trial court properly exercised its discretion in rejecting the affidavit as evidence.
	www.courts.state.wi.us /html/ca/01/01-0506.htm (2835 words)

	[No title]
		A declarant's self-serving collateral statements and neutral collateral statements are not admissible into evidence under the against penal interest exception of Rule 804(b)(3) of the West Virginia Rules of Evidence.
		The trial court must isolate the individual statements of a declarant and remove from the calculus anything not determined to be a statement by the declarant.
		However, because we have adopted the Williamson rule which bars collateral statements under the penal interest exception of Rule 804(b)(3), the concern for the inherent reliability of a self-inculpatory statement is somewhat diminished.
	www.state.wv.us /wvsca/docs\spring97\23736.htm (6594 words)

	No. 88208, People v. Tenney (Il. S. Ct.)
		General admission of such statements could seriously handicap the administration of justice in tempting everyone accused of crime to introduce perjured testimony that a third party, then deceased or beyond the jurisdiction of the court, had declared that he, and not the accused, had committed the crime.
		A declaration against penal interest is one that would be admissible against the declarant in a criminal prosecution; it need not be a confession, but must involve exposure to criminal liability.
		Because the evidence against defendant was not overwhelming, we cannot say that the exclusion of Lane's hearsay statement did not affect the outcome of defendant's trial.
	www.state.il.us /court/Opinions/SupremeCourt/2002/April/Opinions/Html/88208.htm (8165 words)

	Brief Bank (Site not responding. Last check: 2007-10-09)
		Whether statements were involuntary where the police delayed taking defendant to bond court for almost seventy hours because they wanted to gather additional evidence to justify the warrantless arrest, and where they held defendant incommunicado despite knowing that he suffered from a kidney disorder and was suicidal.
		Whether the trial court denied defendant a fair trial by allowing a physician to testify regarding the complainant's statements identifying the defendant as the perpetrator of a criminal sexual assault against a child, where the statement was made during an examination conducted solely for the investigatory purposes of the State.
		Whether the admission of prior inconsistent statements as substantive evidence (under 725 ILCS 5/115-10.1) was error where the witness lacked personal knowledge of the events that are the subject of the statement.
	state.il.us /defender/brief97.html (6798 words)

	Hearsay Evidence in Domestic Violence Cases (Site not responding. Last check: 2007-10-09)
		But this rule has numerous exceptions, allowing hearsay statements to be admitted if they were made under circumstances that ensure their reliability.
		Consequently, the U.S. Supreme Court has ruled that when hearsay evidence offered against a criminal defendant is “testimonial” and the declarant is unavailable to testify at trial, the federal Confrontation Clause prohibits admission of the evidence unless the defendant had a prior opportunity to cross-examine the declarant.
		When the out-of-court statement is not testimonial, the hearsay may be admitted if it falls into one of the “firmly rooted exceptions” to the hearsay rule.
	jec.unm.edu /resources/benchbooks/dv/hearsay_chart/index.htm (842 words)

	[No title]
		She rejected the claim that failure to move against protesters in the past meant that this prosecution was based on the content of the protesters' message, finding the logic questionable and the evidence lacking.
		It found the statement to be self-incriminating, as against the codefendant's penal interest when made, and trustworthy under the totality of circumstances.
		The statements did not become admissible for impeachment purposes "merely because the prosecutor had previously elicited a denial of the purported statement by [the father]." Further, in light of less than overwhelming evidence and the prejudicial impact of the testimony, the error could not be considered harmless.
	www.sado.org /20cdn2.htm (12159 words)

	due process & statements against interest
		The evidence corroborating the confession was ample, and indeed sufficient to procure a conviction of Moore and a capital sentence.
		The statement was against interest, and there was no reason to believe that Moore had any ulterior motive in making it.
		Perhaps most important, the State considered the testimony sufficiently reliable to use it against Moore, and to base a sentence of death upon it.
	tillers.net /ev-course/materials/green.html (1163 words)

	[No title]
		Defendant's incriminating statements were made during a conference in the assistant principal's office, at which the victim, another student, a teacher, and the assistant principal were all present; the communications were therefore not confidential, and the victim's testimony about them violated no privilege.
		Defendant's statement that he "was going to kill [his mother] for what [she] did" by testifying against him at a child custody hearing was not hearsay since it was offered against him [MRE 801(d)(2)].
		Defendant's incriminating statements on the day of his arrest were not inadmissible under MRE 410, as there was no indication that he reasonably expected to negotiate a plea at that time, nor that a prosecuting attorney was present.
	www.sado.org /19cdn9.htm (15543 words)

	CFAC: California First Amendment Coalition
		The district court did not abuse its discretion by excluding Hernandez's statement that he shot the victims in self-defense because the statement was exculpatory, and not against his penal interest.
		In Paguio, we stated that the statement at issue must be "examined in context, to see whether as a matter of common sense the portion at issue was against interest and would not have been made by a reasonable person unless he believed it to be true." Id.
		On June 20, 1997, the jury found by a preponderance of the evidence that Aguirre's interest in a 1992 Honda Accord was forfeitable under 21 U.S.C. § 853 because he obtained it as a result of the conspiracy to aid and abet the distribution of narcotics.
	www.cfac.org /CaseLaw/Cases/us_v_shryock.html (14634 words)

	BURKE - Online Information article about BURKE
		contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf.
		Bedford Whigs, and, above all, against the towering predominance of William Pitt.
		That Pitt did not join them is one of the many fatal miscarriages of history, as it is one of the many serious reproaches to be made against that extraordinary man's chequered and uneven course.
	encyclopedia.jrank.org /BUN_CAL/BURKE.html (4609 words)

	POTBUST.COM -- Avoiding and Defending Potbusts in 2004 by Jeffrey Steinborn (Site not responding. Last check: 2007-10-09)
		The statement is usually in the form of an affidavit, but maybe a recorded telephone call to the judge.
		The most interesting thing about the case was the attitude of the Washington Supreme Court when we brought this case before them.
		He may, after a proper showing, challenge any statements based on the affiant's personal knowledge, including his representations concerning the informer's reliability, his representation that the hearsay statements were actually made, and his implied representation that he believes the hearsay to be true.
	www.potbust.com /avoiding-defending2004.htm (11422 words)

	Oregon Judicial Department - Publications
		Defendant contends, as he did at trial, that his comments to Myers were admissible as a statement against defendant's penal interest.
		That is, defendant's statement was the functional equivalent of saying, "I helped with the robbery, but he committed the murder after I left." Thus, "[t]he first element is self-incriminatory and, hence, admissible.
		In that regard, this case is indistinguishable from Wood, where we concluded that a third-party declarant's statement indicating his involvement in a criminal episode and further stating that the post-conviction petitioner "had nothing to do with what happened" would not have been admissible under OEC 804(3)(c) in the underlying criminal trial.
	www.publications.ojd.state.or.us /A98335.htm (4021 words)

	Boycott Brazil
		Lambros' April 29, 2004 complaint filed against the Minnesota Supreme Court Justices on August 06, 1993, as to violations of Article 1, Section 8, of the State of Minnesota Constitution in there ruling in DZIUBAK vs. MOTT, 503 N.W.2d 771, is DENIED.
		Of notable interest is the work of Dr. Delgado, Dr. Robert G. Heath, of Tulane University who implanted as many as 125 electrodes in a subjects brain in the 1960's, Dr. James Olds, Dr. John Lilly, Dr. Ralph Schwitzgelbel, Dr. Bryan Robinson of the Yerkes primate laboratory, Dr. Antoine Remond, Dr. Robert Becker.
		Interesting facts include, "As of this writing in August 1998, NBC has just completed filming the eighth surgical process." Page 183; Whitley Strieber thought he had an implant in his ear.
	www.members.aol.com /BrazilBoycott (13336 words)

	Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ... (Site not responding. Last check: 2007-10-09)
		Allegation - A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.
		Reasonable doubt An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
		Third party complaint - A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.
	www.accidentlawyercalifornia.com /legal_dictionary.html (13605 words)

	How to avoid a Pot Busts! Written by a lawyer,page #1 of 2
		Casal, 103 Wn.2d 812, 699 P.2d 1234, 1238 (1985) where the court en banc[10] held that fairness requires that the defendant's burden under Franks to make a threshold showing be reduced where "the defendant lacks access to the very information that Franks requires for a threshold showing of falsity." See, also, State v.
		Although Franks requires a substantial showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit before a defendant is entitled to an evidentiary hearing, Franks also holds that the showing need only be preliminary.
		This means that the defendant's initial burden is to prove not only that the challenged statements were in fact false, but also that their inclusion amounted to perjury or reckless disregard for the truth.
	www.onlinepot.org /legal/potbusts.htm (9842 words)

	Encyclopedia: Statement against penal interest (Site not responding. Last check: 2007-10-09)
		People who viewed "Statement against penal interest" also viewed:
		In United States law, a statement against penal interest is a statement that puts the person making the statement at risk of prosecution.
		In certain circumstances, it can be a factor in allowing as evidence statements that would otherwise be excluded through the law of hearsay.
	www.nationmaster.com /encyclopedia/Statement-against-penal-interest (118 words)

	Social Law Library, Appeals Court Slip Opinions (Site not responding. Last check: 2007-10-09)
		907 (1991), in which an affidavit filed by a person claiming to be the confidential informant refuted statements attributed to him by the police affiant.
		Russell's alleged statements, like those of Harris, do not meet the test for statements against penal interest, nor are they verifiable in any other way.
		When an informer makes a statement against penal interest (e.g., admits to purchasing drugs at a certain house), that statement is factored into the informer's veracity test.
	oldsite.socialaw.com /appslip/97p1951.html (2606 words)

	Oregon Judicial Department - Publications
		At the hearing, Grimm testified that he became interested in the neurological consequences of silicone in 1993, when he examined "two very sick women." As a result, he began to examine women who had silicone breast implants.
		The judge apparently had understood Grimm to have testified that the conditions he had observed in the women were not proved by any scientific study.
		Publication or lack thereof in a peer-reviewed journal is a relevant, though not dispositive, consideration in assessing the scientific validity of a particular technique or methodology on which an opinion is based.
	www.publications.ojd.state.or.us /S45239.htm (6843 words)

	Core Criminal Law Subjects: Evidence: Hearsay
		Benton, No. 01-0289 (to gain admission of exculpatory hearsay testimony under Mil.R.Evid 804(b)(3), it is appellant’s burden to show, inter alia, that: (1) the declarant was unavailable to testify at trial, (2) the statement was against the declarant’s penal interest, and (3) corroborating circumstances clearly indicate the trustworthiness of the statement).
		Benton, No. 01-0289 (exculpatory hearsay testimony under offered Mil.R.Evid 804(b)(3) must have corroborating circumstances which clearly indicate the trustworthiness of the out-of-court statement).
		803(4), the medical exception, the proponent of the evidence must establish that (1) the statements were made for the purposes of medical diagnosis or treatment, and (2) that the declarant made the statement with some expectation of receiving medical benefit for the medical diagnosis or treatment that is being sought).
	www.armfor.uscourts.gov /digest/2002dig/IIIC8.htm (317 words)

	AnalPhilosopher -
		D'Addosio relates from the court records many trials of pigs, bulls, horses, cocks, dogs, goats, etc., greatly, it is believed, to the betterment of their conduct and morals.
		In 1451 a suit was brought against the leeches infesting some ponds about Berne, and the Bishop of Lausanne, instructed by the faculty of Heidelberg University, directed that some of "the aquatic worms" be brought before the local magistracy.
		Working together with other countries has no intrinsic value; it is valuable only extrinsically, i.e., as a means to the end of promoting the interests of the United States.
	www.analphilosopher.com (2920 words)

	Florida Attorney Miami Attorney Commercial Litigation Civil Litigation Securities Attorney Merger and Acquisition ...
		A positive or negative act in violation of penal law.
		Hearsay is usually not admissible as evidence in court.
		Written statements of facts concerning a case which are submitted to an adverse party and which that party must admit or deny; a discovery device.
	www.myweblawyer.com /legalglossary.html (10228 words)

	Jack Walraven's Simpson Trial Transcripts
		to statements against penal interest, particularly in view of the
		statement, is in fact a statement against penal interest.
		statements which are included as part of the memorandum or moving
	simpson.walraven.org /jan10-97.html (17244 words)

Try your search on: Qwika (all wikis)