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Admittedly, the judge generally makes a preliminary judgment about the reliability of the information in determining whether to admit the hearsay evidence.
Since the central underlying concern is the inability to test hearsay evidence, it follows that under the principled approach the reliability requirement is aimed at identifying those cases where this difficulty is sufficiently overcome to justify receiving the evidence as an exception to the general exclusionary rule.
217) The Iowa Supreme Court states another justification for the de novo standard by emphasizing that review should be for corrections of errors at law because admission of hearsay evidence is presumed to be prejudicial.
Hearsay evidence consists of statements made outside of court offered as proof of the truth of their contents.
199) The Minnesota Supreme Court has held that this provision of its Commitment and Treatment Act Rules does not mandate or exclude the use of hearsay evidence, but requires that a court consider the reliability of the evidence in determining its relevance to a proceeding.
Shea--which was plainly hearsay evidence of what [V] had told them--as demonstrating that by September, [D] had in fact been poisoning ] V].
Bailey's court-appointed lawyer, countered that the prosecution only had "all hearsay evidence," that other people were in the building
For example, the MMC allows for the admission of certain hearsay evidence "not otherwise admissible under the rules of evidence applicable in trial by general courts-martial.
Residents who are fearful of providing evidence are assured that hearsay evidence can be used and all complaints can be dealt with in the strictest of confidence.
The Court of Final Appeal ruled that prosecutors improperly questioned Nancy Kissel during the trial and that the judge wrongly allowed hearsay evidence.
Congress, has been dogged by problems, including charges of evidence tainted by abuse, and criticized for allowing hearsay evidence.
These include restrictions on hearsay evidence and a ban on all statements obtained through "cruel, inhuman and degrading" interrogation methods.