FRE: Sixth Circuit Joins Others On FRE 804(b)(3) Statements Against Penal Interest As Non-Testimonial Under Crawford

From Federal Rules Blog:

Sixth Circuit Joins Others On FRE 804(b)(3) Statements Against Penal Interest As Non-Testimonial Under Crawford

By Editor on Testimonial Evidence

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Another circuit finds a statement against interest under FRE 804(b)(3) is non-testimonial; Cooperating witness’s tape recording of co-defendant bragging to other inmates about his and the defendant’s role in the charged robbery was non-testimonial because “a reasonable person in the declarant’s [co-defendant’s] position” would not anticipate his statement being used against the defendant in investigating and prosecuting the crime, in United States v. Johnson, __ F.3d __ (6th Cir. Sept. 18, 2009) (No. 08-1662)