An Accusing Finger

 

The state offers the picture on page 517 (The Boston Globe, November 17, 1981, p.1) into evidence at a trial of the handcuffed man in the dark sweater for armed robbery. Is it hearsay? If so, does it fall within any exception of the hearsay rule? Does this depend on whether the guard lying on the stretcher is available? If the picture does not fall within any specific exception to the hearsay rule, should it nonetheless be admitted under either of the residual exceptions, Rule 803(24) or 804(b)(5)?

Compare this case to the Dallas County case. Is this a stronger or weaker case for admission? Would admitting this picture violate the defendant's rights under the confrontation clause?



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