Jan. 23 – EvidenceProf Blog
Professor Colin Miller authored blog
A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
So, let’s say that a defendant is charged with second-degree murder and related charges. And let’s say that at several points during trial, the prosecution introduces a hearsay statement that the defendant was on a “bad crack trip” at the time of the killing. Finally, let’s say that, on appeal, the prosecutor himself conceded that the person making that statement had no information to suggest that the defendant actually used crack cocaine on that evening. Is there any chance that the statement qualified for admission as a present sense impression under Rule 5.803(1)?