Monday audio--Part I, Part II. To be clear:
On Kelly's text in # 227: The portion of the text repeating what Kerry said is not admissible because it does not satisfy 803(1), (2), or (3), for the reasons we discussed in class. Plaintiff can offer the portion of the text in which Kelly described finding the pendant.
We continue with Documentary Exceptions, particularly the Coroner's Report, Jesse's loan application, and the Mass schedule; you should be bringing the full range of arguments to bear, not only focusing on 803. Review the rest of the 803 exceptions; we will hit some of the highlights.
Then move to Exceptions: Declarant Unavailable. What is the connection between 804(a) and (b), particularly with 804(a)(5)? What gives the 804(b) exceptions sufficient guarantees of trustworthiness? This discussion will carry into the final class next Monday.
