Marty testified as a witness at the preliminary hearing in State v. Harris and was subjected to cross-examination by Harris's attorney. Marty died in a car accident 2 weeks before Harris's trial. The prosecution wants to introduce portions of Marty's testimony from the preliminary hearing at Harris's trial. The defense attorney objects. Applying the U.S. Supreme Court's holding in Ohio v. Roberts, how will the judge rule on this issue?
A) Marty's testimony is inadmissible as hearsay evidence.
B) Marty's testimony will be admissible since the statement was made under circumstances providing sufficient indicia of reliability that the statement had actually been made.
C) Marty's testimony will be inadmissible because although it meets the Court's test of sufficient indicia of reliability that the stamen was made, it does not meet the Court's requirement that the defense have an opportunity to cross-examine Marty in front of the finder of fact.
D) Marty's testimony will be admissible as having been subject to cross-examination in a previous related legal proceeding, which gives the testimony conclusive proof of Marty's truthfulness.
Correct Answer:
Verified
Q2: Which of the following is a statement
Q3: A statement under Federal Rule 801 includes
Q4: In Williamson v. United States, the U.S.
Q5: The _ of the Sixth Amendment limits
Q6: In _ the Court held that a
Q8: Marty made a statement to the police
Q9: Marty called 911 to report a fight
Q10: Marty has been shot by Harris. Within
Q11: Marty is a scientist at the state
Q12: The Federal Rules of Evidence cite hearsay
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