1. Admissible because the witness is reporting his own statement and therefore can be cross examined on the same.
2. Present sense impression. The statement by the lady was describing an event that she immediately saw and so it means that the event was fresh in her mind.
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3. Inadmissible. The testimony by the witness is an out-of-court statement and therefore cannot be used to prove the truth. However, if the declarant, Joe, is available, the statement can be admitted.
4. Recorded recollection. Admissible. Recorded recollection on an issue that the witness once knew about but can no longer remember good enough to give a full and accurate testimony. However, it must be demonstrated that the witness gave the statement when the issue was fresh in his/her mind.
5. It will not be admitted because the statement was not made within the court and therefore it is a hearsay.
6. It is admissible if the defendant’s attorney is present, the procedure is not unnecessarily suggestive, and there is no objection during the pretrial.
7. Inadmissible. When guilty plea is made in another defendant’s trial or of an offer and it is used to prove the fact of a matter is hearsay and therefore cannot be admitted as evidence.
8. It is admissible since it is intended to assert a fact and in this case the nodding of head was asserting the word yes.
9. Statement against interest. It will be admissible. The theory behind its admissibility is that it is assumed that a person would not make-up a statement that is against his/her interests. Although a person may be telling a lie, that is a credibility issue and not admissibility.
10. It will be admitted for the jury or judge to consider and if the case is appealed, the appellate court will address it as admitted.
