8 Cited authorities

Shepard v. United States
290 U.S. 96 (1933) Cited 415 times 3 Legal Analyses
Holding that hearsay testimony regarding the declarant's intended future acts or present state of mind is admissible
U.S. v. Peppers
302 F.3d 120 (3d Cir. 2002) Cited 165 times 1 Legal Analyses
Holding that standard of review applicable to claim of waiver of Sixth Amendment right of self-representation is plenary
Sternhagen v. Dow Co.
108 F. Supp. 2d 1113 (D. Mont. 1999) Cited 15 times
Holding that plaintiff's sworn statement, in which he indicated plans to work if his condition improved, did not support a belief in "imminent" death and thus did not fall within the dying declaration exception
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,518 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,100 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,395 times 34 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 804 - Exceptions to the Rule Against Hearsay-When the Declarant Is Unavailable as a Witness
Fed. R. Evid. 804 Cited 3,950 times 32 Legal Analyses
Recognizing an exception to the hearsay exclusionary rule when the party against whom the statement is offered has engaged in wrongdoing which procures the unavailability of the declarant
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,504 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Conley v. Chaffinch

8 Cited authorities

Holding that hearsay testimony regarding the declarant's intended future acts or present state of mind is admissible

Holding that standard of review applicable to claim of waiver of Sixth Amendment right of self-representation is plenary

Holding that plaintiff's sworn statement, in which he indicated plans to work if his condition improved, did not support a belief in "imminent" death and thus did not fall within the dying declaration exception

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Holding that such a statement must merely be made by the party and offered against that party

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Recognizing an exception to the hearsay exclusionary rule when the party against whom the statement is offered has engaged in wrongdoing which procures the unavailability of the declarant

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"