46) As a result of Negron, the admissibility of hearsay evidence
at probation violation hearings remains unclear.
Nevertheless, a prudent lawyer would not prepare a case that cannot prevail unless no party objects to the hearsay evidence
and the ALJ accepts it as sufficient, alone, to prove a fact.
Illinois, the Supreme Court addressed the issue not presented in Wright: does the Confrontation Clause require that the State either present the declarant, or show that the declarant is unavailable, before hearsay evidence
may be admitted against a criminal defendant?
The Court in Crawford decided that some hearsay evidence
, (6) that which contains "testimonial" statements, is inadmissible in criminal prosecutions unless the declarant (the person making the out-of-court statement) either testifies or, if not, the prosecution demonstrates both a constitutionally acceptable reason for not producing the declarant as a witness, (7) and, more importantly, that the defendant had an opportunity to confront and cross-examine the declarant at an earlier proceeding.
Other reports linking Saddam with al-Qaeda were based upon hearsay evidence
or "simple declarative accusations with no substance or detail to help corroborate them.
Although Crawford dramatically changes what hearsay evidence
is admissible in criminal trials, it has no effect on civil cases, in which the Confrontation Clause does not apply.
The Parole Board has got High Court backing over its decision to rely on hearsay evidence
to recall to prison a sex offender serving life who was out on licence.
THE Parole Board has been backed by the High Court over its decision to rely on hearsay evidence
to recall to prison a persistent sex offender serving a life sentence who was allowed out on licence.
We are allowed to give hearsay evidence
in court on the basis that we are reporting what these people have said to us.
To editorial writers and city councilors for whom Catholic theology was but hearsay evidence
, the authority of social science clinched the case.
The new law, sponsored by state Assemblyman Bernie Richter, R-Chico, creates a new exception to the hearsay evidence
But John McCrudden QC, for Brown, told senior judges Witness F's account was hearsay evidence
and "shot through with ambiguity".