Admission of Hearsay Evidence

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Criminal

7^th Circuit Court of Appeals

Officials: POSNER, MANION, and HAMILTON, Circuit Judges.

Admission of Hearsay Evidence

No. 14-2210 United States of America v. Scott Hawkins

Statement of appellant excluded because it lacked sufficient indicia of trustworthiness.

“Hawkins argues at length that the district court erred by considering “anticipated trial evidence” to evaluate the proffer statement’s credibility, rather than limiting its consideration to the “context” in which the statement was made. But courts are not permitted, let alone required, to deliberately ignore circumstances relevant to the corroboration inquiry based merely on the ways in which those circumstances may be characterized. The law calls only for the consideration of “corroborating circumstances” clearly indicating trustworthiness. It makes no difference whether those circumstances are instead called “context,” or whether they are drawn from evidence that happens to be anticipated at trial. Nothing in Rule 804(b)(3) confines the judge’s consideration of relevant circumstances in this way”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.