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Home / Opinion Digests / Criminal – Evidence – Hearsay – Witness's Out-Of-Court Statement – Third Party Confession (access required)

Criminal – Evidence – Hearsay – Witness's Out-Of-Court Statement – Third Party Confession (access required)

Where defendant sought to introduce into evidence the out-of-court statement of his brother, who was a codefendant on first degree murder charges arising out of the same incident and who had invoked his Fifth Amendment privilege, the trial court's refusal to admit the statement under the hearsay rule was reversible error. A declarant is unavailable if ...

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