Tag Archives: Hearsay

Civil Practice – Evidence – Preliminary Injunction Order – Prejudicial – Appeals – Preservation — Expert Report – Hearsay (access required)

Allegro, Inc. v. Scully While defendants did not state specific grounds for their objection, the introduction of the preliminary injunction order was inherently prejudicial; thus, the grounds for the objection were patent. Admitting this order had a high possibility of influencing the jury due to its numerous findings of fact and statements concluding defendants’ liability. The trial court abused its discretion in admitting the order into evidence.

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Criminal – Supervised Release Hearing — Evidence – Hearsay – Crime Lab Report – Chemist’s Failure to Appear (access required)

U.S. v. Doswell A district court that admitted and relied on hearsay evidence of defendant’s state-court heroin charge, nolle prossed after the chemist who authored the crime lab report failed to appear in state court, violated Rule 32.1, and the 4th Circuit vacates the district court order revoking defendant’s supervised release for an earlier robbery conviction.

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Criminal Practice – Lewd Act on a Minor – Evidence – Hearsay — Interviewer’s Reports (access required)

State v. Jennings The trial court erroneously admitted into evidence the reports of a forensic interviewer that included out-of-court statements offered to prove that defendant inappropriately touched the child victims. Where the victims’ credibility was the ultimate issue in this case, and where the forensic interviewer’s reports were cumulative to the victims’ testimony, the trial court’s error was not harmless.

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