2003 Evidence Grading Key

EVIDENCE

Grading Key, Fall 2003

QUESTION I

180 points

I-A. May the prosecutor use defendant's prior convictions?

Louisiana law permits use of convictions for impeachment	9 points ________
There is no time limit in Louisiana	9 points ________
Misdemeanor convictions may be used	9 points ________

Municipal ordinance convictions may not be used	9 points ________
Juvenile convictions generally may not be used	9 points ________

Details of the crime are not admissible	9 points ________
unless accused denies the conviction	9 points ________
or unless accused testifies to exculpatory facts	9 points ________
Does probative value outweigh prejudicial effect?	9 points ________

By testifying, client waived the point. (See Luce v. United States, 469 U.S. 38.)	9 points ________
Has student expressed an unequivocal opinion on the issue?	9 points ________

I-B. Prosecutor calls witnesses who saw prior incidents of shoplifting.

Louisiana law permits use of other crimes, wrongs and acts	9 points ________
not to prove character	9 points ________
but to prove motive, opportunity, intent, or plan	9 points ________

Prosecutor shall provide reasonable notice in advance of trial	9 points ________
but only if the defendant has requested such notice	9 points ________

Mention of State v. Prieur, 277 So.2d 126	9 points ________
Has student expressed an unequivocal opinion on the issue?	9 points ________

I-C. Juror writes letter to the judge. Judge refuses to consider it.

Juror may only testify as to outside influences. (See Tanner v. United States.)	9 points ________
Has student expressed an unequivocal opinion on the issue?	9 points ________

QUESTION II

280 points

II-A. List 801(D) statements defined as nonhearsay.

Prior inconsistent statement given under oath	5 points ________
Prior consistent statement so given, when used to rebut	5 points ________
One of identification of a person	5 points ________

Initial complaint of sexually assaultive behavior	5 points ________
Personal admission	5 points ________
Adoptive admission	5 points ________
Statement by authorized (speaking) agent	5 points ________

Relational admissions	5 points ________
or within course and scope of employment	5 points ________
or while conspiring to commit a crime or civil wrong	5 points ________

Privity admission	5 points ________
Admission of decedent in wrongful death action	5 points ________
Admission of minor child	5 points ________

II-B. List the exceptions of Article 803 (witness available).

Present sense impression	5 points ________
Excited utterance	5 points ________
Then existing mental, emotional, or physical condition	5 points ________

Statements for purposes of medical treatment	5 points ________
or diagnosis in connection with treatment	5 points ________
unlike federal rule, not for diagnosis for litigation	5 points ________

Past recollection recorded	5 points ________
Records of regularly conducted business activity	5 points ________
Absence of entry in records of regularly conducted business activity	5 points ________

Public records and reports	5 points ________
Records of vital statistics	5 points ________
Absence of public record or entry	5 points ________

Records of religious organizations	5 points ________
Marriage, baptismal, and similar certificates	5 points ________
Family records	5 points ________

Records of documents affecting an interest in property	5 points ________
Statements in documents affecting an interest in property	5 points ________
Statements in ancient documents (30 years)	5 points ________

Market reports and commercial publications	5 points ________
Learned treatises	5 points ________
Reputation concerning personal or family history	5 points ________

Reputation concerning boundaries or general history	5 points ________
Reputation as to character	5 points ________
Judgment of previous conviction	5 points ________

Judgment as to personal, family, or general history or boundaries	5 points ________
Testimony as to age

II-C. List the exceptions of Article 804 (witness unavailable).

Former testimony	5 points ________
if party, or in civil case one with similar interest	5 points ________
had opportunity and motive to cross examine	5 points ________

Statement under belief of impending death	5 points ________
Statement against interest	5 points ________

Statement of personal or family history	5 points ________
Complaint of sexually assaultive behavior	5 points ________
Catchall	5 points ________

II-D. List the elements of a dying declaration.

Declarant must believe his death is imminent	5 points ________
Statement must concern cause or circumstances of believed impending death	5 points ________

II-E. Explain what is meant by a verbal act.

"Things said or done"	5 points ________
Statement itself is an event or part of a transaction	5 points ________

II-F. When and how can the character of a defendant be used in a criminal trial?

Only the defendant may raise the issue of his own character	5 points ________
by witness as to his reputation in the community	5 points ________
in Louisiana, that witness may not express his own opinion	5 points ________

Specific instances may not be inquired into on direct examination	5 points ________
Specific instances may be inquired into on cross examination	5 points ________
If defendant call a character witness, prosecution may do likewise	5 points ________