Testimony of both the principal identifying witness and observer witnesses may be offered by the prosecution as part of its case-in-chief provided the requirements of the rules are met (Miss. 2009) Smith v. State Facts: Davis was shot by Smith. Right after the shooting, Davis was adamant with police that Smith was the shooter. However, at trial, Davis said that the shots came from across the street and that he never saw Smith. The court allowed, over objection, prior defense’s Davis’s inconsistent statements and a Jury convicted Smith of aggravated assault. Rule: Statements of identification is admissible for impeachment or substantive evidence. Testimony of both the principal identifying witness and observer witnesses may be offered by the prosecution as part of its case in chief. Holding: Court rejected the trial ruling that the court’s witness was unavailable because he remember. couldn’t However, instead of reversing and remanding, the court found that his testimony was admissible pursuant to MRE 801(d)(1)(C) Notes: Confrontation rights were not abridged because Davis was available for cross-examination MRE 801(d)(2) - Admission by Party-Opponent Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. Who is a party-opponent? Civil cases - plaintiffs vs. defendants Criminal cases - state vs. defendants Victim is not a party, merely a witness What is an admission?
Testimony of both the principal identifying witness and observer witnesses may be offered by the prosecution as part of its case-in-chief provided the requirements of the rules are met Smith v. State (Miss. 2009) Facts: Davis was shot by Smith. Right after the shooting, Davis was adamant with police that Smith was the shooter. However, at trial, Davis said that the shots came from across the street and that he never saw Smith. The court allowed, over defense’s objection, Davis’s prior inconsistent statements and a Jury convicted Smith of aggravated assault. Rule: Statements of identification is admissible for impeachment or substantive evidence. Testimony of both the principal identifying witness and observer witnesses may be offered by the prosecution as part of its case in chief. Holding: Court rejected the trial court’s ruling that the witness was unavailable because he couldn’t remember. However, instead of reversing and remanding, the court found that his testimony was admissible pursuant to MRE 801(d)(1)(C) Notes: Confrontation rights were not abridged because Davis was available for cross-examination MRE 801(d)(2) - Admission by Party-Opponent Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. Who is a party-opponent? Civil cases - plaintiffs vs. defendants Criminal cases - state vs. defendants Victim is not a party, merely a witness What is an admission?
Evidence-Williams-MS.docx