Keeping Out Extrajudicial Statements in DV Cases and Beyond: Identifying Hearsay, Fighting Exceptions, and Excluding Impeachment as Substantive Evidence in Washington (Lavaris).
May 26, 2017
from 12:00 pm to 01:00 pm
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In criminal cases, prosecutors often rely on proof in the form of extrajudicial statements made by witnesses. For extrajudicial statements to be admissible, prosecutors typically will either have to argue to classify those statements as non-hearsay or find an exception to the hearsay rules. Such extra-judicial statements often include: statements to police, statements to other witnesses, written statements proposed as Smith affidavits, and statements made to 911 operators. One exception often used as a “catch-all” is using prior statements to impeach the witness. When witnesses change their story, or the police get it wrong to begin with, prosecutors often attempt to impeach their alleged victim or critical witnesses with prior inconsistent statements to prove the matter as being consistent with the version initially presented in the police reports. However, specific prohibitions exist to prevent parties from introducing otherwise inadmissible, extrajudicial statements as substantive evidence in the guise of impeachment. Whether this kind of information is ultimately admissible depends on thoroughly navigating the hearsay analysis, fighting the prosecution’s proposed theories that the statements are not hearsay or subject to exception, and setting the stage for a successful challenge to their admissibility under State v. Lavaris, 106 Wn.2d 340, 721 P.2d 515 (1986) and similar federal jurisprudence. This presentation is designed to clarify the process of analyzing such statements and fighting their admissibility.
About the presenter:
NICOLE T. DALTON graduated, cum laude, from Lewis and Clark School of Law in 2006. While attending college, before law school, she was a legal assistant to a public defender and developed a somewhat irrational passion for criminal defense work. Then, she became a certified Spanish language court interpreter in 1997 and worked in state and federal courts and for defenders, interpreting and translating for nearly ten years. Since starting out in the practice of law with Morse, Bratt and Andersen, PLLC, she has almost exclusively handled criminal defense matters. In 2008, she started her own firm. She frequently drafts and shares extensive pre-trial and in limine motions, and has substantial trial and litigation experience, from Class A felonies to misdemeanors, and handles post-conviction matters. She has previously presented CLE topics for WACDL, the WDA and the Clark County Bar Association. Nicole is an active member of several professional, criminal defense lawyers associations, was a founding member and serves on the board of directors of the non-profit, Criminal Defense Attorneys of Clark County.
1.0 Law and Legal Procedure credit has been requested for this webinar. To register, please email email@example.com with "Lavaris" in the subject line.