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Agg Assault DW. Victim may not be testifying b/c eluding subpoena. Have other wits. She did a non-pros 6 months later, and few days after visit to def in jail. Victim signed aff but someone else wrote it b/c she can't write.

If she does not testify, is Aff. admissable if defense tries to get it in?
 
Posts: 145 | Location: Bryan/College Station | Registered: April 23, 2003Reply With QuoteReport This Post
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If you plan to use hearsay exceptions to get her statements in (sounds like you might) it would only come in for the purpose of attacking the hearsay declarant's (her) credibility, if it does (Rule 806). If the ANP is pretty generic (I do not wish to prosecute) and doesn't specifically recant, then I don't see how it can. The victim is not a party-opponent, so that doesn't apply. I think it would actually hurt them to try to offer a generic ANP since the jury can read between the lines and figure if the incident didn't happen, the ANP would be more detailed (e.g. I'm sorry I lied to the police), and that there might be a reason why the victim would (1) do the ANP, and (2) not show up to court, for example, because she's still afraid of the defendant.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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