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To: mockingbyrd
Typically in a court of law hearsay statements are not admissable

Hearsay? How so? Third party testimony is hearsay, second party isn't.

I have read the court documents, just as I have read the court documents for Dred Scott, Roe v. Wade, and Kelo.

These cases have nothing to do with this, try reading John F Memorial vs Bludworth (Fla 1984) and Guardianship of Estelle M. Browning (Fla 1990) for a clearer picture.

There were as many hearsay statements that contradicted what Michael was saying, and they had maintained that from the beginning, Michael changed his story when money became available.

This statement tells me that you did NOT read the court documents.

-Traveler

67 posted on 09/16/2006 3:48:13 PM PDT by Traveler59 (Truth is a journey, not a destination.)
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To: Traveler59

I call bull on you.


73 posted on 09/16/2006 4:13:28 PM PDT by The Red Zone
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To: Traveler59
Just to interject here, you're wrong about the hearsay rule.

The whole purpose of the hearsay rule is to prevent the misreporting of statements made by those who cannot be present in court to testify and be subject to examination by the parties' attorneys and the court.

The rule looks not to the speaker, but to the person whose statement is being reported. It doesn't matter that Michael Schiavo was a party to the litigation; his out of court statement was not in dispute. I suppose you could argue that Terri Schiavo was a nominal party, but she was not present or available to testify. Therefore her statement could not be explored or challenged through her examination by the lawyers and the judge.

So the "admission of a party" exception to the hearsay rule doesn't apply here.

82 posted on 09/16/2006 5:02:08 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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