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The objection to this evidence being hearsay will likely be sustained.
D’s non-response to his mother asking why he did it.
Is D’s non-responsiveness relevant? Evidence is relevant if it is both material and probative. This evidence is material since it goes to show that D did not deny doing “it...
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This evidence is material since it goes to show that D did not deny doing “it.†The silence is also probative because normally, most people would defend themselves & say they did not do something if they had not done it. The objection that this motion is not relevant will likely be overruled.
Is D’s non-response hearsay? Hearsay is an out of court written or verbal or non verbal conduct introduced to prove the matter asserted...
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