08 33 MOTION IN LIMINE AGAINST HEARSAY EVIDENCE AS A DENIAL OF CONFRONTATION OF WITNESSES

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2023 Ed.)

08-33 MOTION IN LIMINE AGAINST HEARSAY EVIDENCE AS A DENIAL OF CONFRONTATION OF WITNESSES

[CAPTION] MOTION IN LIMINE AGAINST HEARSAY EVIDENCE AS A DENIAL OF CONFRONTATION OF WITNESSES

Defendant moves in limine to exclude hearsay evidence as a denial of confrontation of witnesses, and [he/she] states as follows:

1. Defendant is charged with the crime[s] of [crimes charged]. A jury trial is scheduled for [trial date].

2. A review of the discovery reveals the following hearsay statements that the State may seek to admit into evidence:

A. [List statement, who made it, conditions under which it was made, the lack of opportunity of defendant to cross-examine.]

B. [Same]

3. Even though a statement may appear to be admissible under some hearsay exception under Ark. R. Evid. 803, it may still deny confrontation of witnesses under the Sixth Amendment to the U.S. Constitution; Ark. Const., art. 2, § 10; or both. Crawford v. Washington, 541 U.S. 36 (2004); Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009); Bullcoming v. New Mexico, 564 U.S. 647 (2011).

4. To satisfy a Crawford ...