General Discussion
In reply to the discussion: So, I Have The Right To Stalk Someone and If They Fight Back, I Can Kill Them, Claiming Self Defense [View all]soccer1
(343 posts)I'm not an attorney but I've done some research on when hearsay might be allowed in a criminal trial. I don't know if federal law differs from Florida law in hearsay rule exceptions but I was basing my previous response on what I've read about exceptions to the hearsay rule. So, unless I'm misunderstanding the applicable of the hearsay exceptions I would think that Trayvon's girlfriend would be able to testify about her conversation with him as long as she is available for cross examination. Please correct me if I'm misinterpreting this info as it would relate to Florida law.
I found this:
http://www.law.cornell.edu/rules/fre/rule_804
Federal Rules of Evidence
ABOUTSEARCH
RULE 804. HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE
(a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant:
(1) is exempted from testifying about the subject matter of the declarants statement because the court rules that a privilege applies;
(2) refuses to testify about the subject matter despite a court order to do so;
(3) testifies to not remembering the subject matter;
(4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness;