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Establishing Value In Shoplifting Cases

Posted by on Dec 28, 2011 in Best Evidence Rule, Hearsay

In Stephans v. State, 127 Nev. Adv. Op. No. 65, ___ P.3d ___ (October 6, 2011)  a recent shoplifting case, the only evidence regarding the value of the stolen goods came in the form of live testimony at trial from a loss prevention officer.  The officer testified – based on his memory – as to what [...]

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911 Telephone Calls…And Callbacks

Posted by on Jul 17, 2009 in Authentication, Hearsay, Trial

NRS 52.252 sets forth the criteria by which an offering party can authenticate 911 telephone calls by a signed affidavit of the 911 custodian of records. However, the conversation itself is still Hearsay, as defined by NRS 51.035, and thus inadmissible unless an exception applies. In most cases, the party seeking to admit a 911 [...]

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