Hearsay is any out-of-court statement that is used to prove the truth of the matter asserted and that depends on the veracity of the statements for its value. State v. Harris, 620 S.W.2d 349, 355 (Mo. 1981). Generally, hearsay is inadmissible, State v. Shurn, 866 S.W.2d 447, 457-58 (Mo. 1993), though there are a significant…
Legal Articles
Dead Man's Statute
Section 491.010, RSMo contains Missouri’s version of the so-called “Dead Man’s Statute.” It provides, in relevant part, that “in any…suit…where one of the parties…or his agent…is dead or is shown to be incompetent…then any relevant statement or statements made by the decedent party or agent or by the incompetent prior to his incompetency, shall not…
Criminal Defense Attorney: Confrontation Clause
One of the most important, fundamental rights enshrined by the Federal Constitution and the Missouri Constitution is the right of a defendant in a criminal proceeding to be confronted with the witnesses testifying against him/her (the “Confrontation Clause”). Specifically, the Sixth Amendment to the Federal Constitution provides in relevant part that In all criminal prosecutions,…