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...whose statement it wishes to use and unless the statement bears adequate indicia of reliability. The reliability requirement can be met where the statement either falls within a firmly rooted hearsay exception or....
(b) Idaho's residual hearsay exception is not a firmly rooted hearsay exception for Confrontation Clause purposes. It accommodates...the statement and render the declarant particularly worthy of belief. As is the case with statements admitted under a firmly rooted hearsay exception, see
e.g.,
Green, supra, at 161...
...DeFilippis murder and other crimes. In affirming, the Virginia Supreme Court found that the Confrontation Clause was satisfied because Mark's statements fell within a firmly rooted exception to the hearsay rule...fall "within a firmly rooted hearsay exception" or (2) they contain "particularized guarantees of trustworthiness" such that adversarial testing would be expected to add little, if anything, to their..."firmly rooted" hearsay exception when they fall within a hearsay category whose conditions have proved over time "to remove all temptation to falsehood, and to enforce as strict an adherence to the truth...
...hearsay statements have "indicia of reliability" — i.e., either fall into a "firmly rooted hearsay exception" or have "particularized guarantees of trustworthiness...unavailable declarants were only admissible if they bore "adequate indicia of reliability," by either 1) "fall[ing] within a firmly rooted hearsay exception," or 2) possessing "particularized guarantees of..., 65 L.Ed.2d 597 (1980). As for the first possibility, the Supreme Court "[had] recognized that statements admitted under a `firmly rooted' hearsay exception...
...did indeed fall within California's hearsay exception for declarations against penal interests, and accordingly, that its admission would not violate the Confrontation Claus...continued, can be demonstrated in one of two ways. First, "[r]eliability can be inferred without more in a case where the evidence falls within a firmly rooted hearsay exception." Id. Second, if the...where evidence does not fall within a firmly rooted exception to the hearsay rule, a presumption arises that the evidence should be excluded; in such cases, "the evidence must be excluded, at least absent...
...firmly rooted hearsay exception; we apply the analysis contained in White v. Illinois (1992...reliability.' Reliability can be inferred without more in a case where the evidence falls within a firmly rooted hearsay exception. In other cases, the evidence must be excluded, at least absent a...S.Ct. 2775, 97 L.Ed.2d 144. The court observed that the hearsay exception for statements of a co-conspirator is firmly rooted. Id. at 183...
.... Moreover, no independent inquiry into reliability is required when the evidence falls within a firmly rooted hearsay exception, such as the co-conspirator exception. Pp. 181-184...no independent inquiry into reliability is required when the evidence "falls within a firmly rooted hearsay exception." Ibid. We think that the co-conspirator exception to the hearsay rule ...).
We reject any suggestion that by abolishing the bootstrapping rule, the Federal Rules of Evidence have changed the c...
..., 65 L.Ed.2d 597 (1980)). The reliability requirement is satisfied if the statement falls within a "firmly rooted hearsay exception" or if it is supported...pertinent to diagnosis or treatment.
Fed.R.Evid. 803(4). The medical examination exception is a firmly rooted hearsay exception. White v. Illinois...the personal characteristics of the victim is inconsistent with the categorical approach to "firmly rooted" hearsay exceptions adopted by the Supreme Court. See Wrig...
...rights was delineated by Roberts, which "conditions the admissibility of all hearsay evidence on whether it falls under a firmly rooted hearsay exception or bears particularized guarantees of...falls within a firmly rooted hearsay exception or has particularized guarantees of trustworthiness. See Crawford, ___ U.S. at ___, ___, 124...se rule against their admission. If the statements are not testimonial, their admission did not violate the Confrontation Clause so long as the statements fall within a firmly rooted hearsay exception or...
...that the admission of the recorded statements did not bear adequate indicia of reliability under Roberts and did not fall within a "firmly rooted hearsay exception." Jones III...inferred without more in a case where the evidence falls within a firmly rooted hearsay exception. In other cases, the evidence must be excluded, at least absent a showing of particularized guarantees of...bear the requisite indicia of reliability, including whether they fall within a "firmly rooted hearsay exception."
...
...the admission of hearsay did not violate the Confrontation Clause if the declarant was unavailable and the statement fell under a "firmly rooted hearsay exception" or otherwise bore particularized...permits the admission of a hearsay statement of an unavailable declarant as long as the statement "falls within a firmly rooted hearsay exception" or otherwise bears particularized guarantees of...416 (2000). Second, the statements fall within a firmly rooted hearsay exception for statements evidencing the declarant's state-of-mind.
A hearsay exception is ...
...,
65 L.Ed.2d 597 (1980). The reliability standard can be satisfied without more in a case where the evidence falls within a firmly rooted hearsay ...(citations reformatted). The Court went on to hold that the statement at issue fell within a firmly rooted hearsay exception as a statement against interest. Id. at 21...indicated that it was "inclined to find that Rule 804(B)(3) is a firmly rooted hearsay exception." However, it based its denial of the writ upon the second ground articulated by the Ohio Supreme Court: that...
...: "where the hearsay statement `falls within a firmly rooted hearsay exception,' or where it is supported by `a showing of particularized guarantees of trust-worthiness...-treatment exception, Minn.R.Evid. 803(4), and therefore held its admission did not violate the Confrontation Clause, since it fell within a firmly rooted hearsay exception. Ring first argues that since C..... C.R.'s statement to Dr. Levitt did not fall within 803(4), a firmly rooted hearsay exception, nor did the trial court suggest that it was supported by "p...
...428 n. 12 (question of "whether the statements at issue fall within a `firmly rooted' hearsay exception implicates matters of constitutional magnitude under the confrontation clause," cognizable in...within a firmly rooted hearsay exception.
448 U.S. at 66...admitting LaMothe's testimony turns on whether the basis for its admission grew out of a "firmly rooted hearsay exception" within the ambit of the Bourjaily/Roberts rule. The Supreme Court itself has...
...sufficiently reliable to allow their admission without the benefit of cross-examination when the statements (1) "[fall] within a firmly rooted hearsay exception," or (2) contain "`adequate indicia of...falls within a firmly rooted hearsay exception." Gilliam, 70 Ohio St.3d at 19-20, 635...N.E.2d at 1245. There, we found that a statement against interest was a firmly rooted hearsay exception and allowed the statement to be admitted.
However, in Lilly v...
...witness is shown to be unavailable, the witness' statement is admissible only if it bears adequate indicia of reliability. Reliability can be inferred where the evidence falls within a firmly rooted hearsay ...the evidence does not fall within a firmly rooted hearsay exception, the evidence must be excluded absent a showing of particularized guarantees of trustworthiness...under a firmly rooted hearsay exception and must be so trustworthy that adversarial testing would add little to its reliability.
3. SAME — Sentencing — Departure Sentence...
...admission at trial unless the statements fall within a firmly rooted hearsay exception. Bass, 198 Ariz. at 580, ¶ 36..., 881 P.2d 1158, 1169 (1994). If the statements do not fall into a firmly rooted hearsay exception, "courts insist on particularized `indicia of reliab...Idaho v. Wright, 497 U.S. 805, 814 (1990)).
A. "Firmly Rooted" Hearsay Exceptions
...
...defendant if the statement bears "adequate `indicia of reliability,'" a test met when the evidence either falls within a "firmly rooted hearsay exception" or bears "particularized guarantees of...., at 66. To meet that test, evidence must either fall within a "firmly rooted hearsay exception" or bear "particularized guarantees of trustworthiness." Ibid. The trial court here admitted...has been stabbed." App. 32.
The Washington Supreme Court reinstated the conviction, unanimously concluding that, although Sylvia's statement did not fall under a firmly rooted hearsay ...
...-examine her about the statements, no substantial risk of a miscarriage of justice was created. [27] This court concluded that a spontaneous utterance is highly reliable and falls within a firmly rooted hearsay ...) (Commonwealth need not demonstrate unavailability for adoptive admissions).
The United States Supreme Court has held that the admission of hearsay under a "firmly rooted" exception...hearsay than the Sixth Amendment. The witness testifying was available "face to face."
A spontaneous utterance is highly reliable and falls within a firmly rooted hearsay exception. Se...
.... Assuming that the state meets the foundational requirements for this firmly rooted hearsay exception, see State v. Henderson, 362 So.2d..., 116 L.Ed.2d 848 (1992) (Confrontation Clause is satisfied if hearsay "has sufficient guarantees of trustworthiness to come within a firmly rooted exception...introducing the victim's out-of-court statements made immediately after the alleged offense as excited utterances for purposes of the hearsay exception provided by La.C.E. art. 803(2) on grounds that...
...within a "firmly rooted hearsay exception" or is supported by "particularized guarantees of trustworthiness," does not violate the Confrontation Clause. Id. at 816...(4) (emphasis added). Cf. Fed.R.Evid. 803(4). The medical treatment exception is a "firmly rooted" exception to the exclusion of hearsay evidence. White, ___ U.S. at ___ n. 8...(Chadbourn, rev. ed. 1976). In Wright, the Supreme Court explained that "statements admitted under a `firmly rooted' hearsay exception" satisfy the reliability requirements of the Confrontation Clause...