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R. v. Rojas; R. v. Illes

A pair of cases from the Supreme Court on the application of a new rule on how to treat “mixed” statements. A mixed statement is an out-of-court statement admitted as an exception to the hearsay rule because it is (in part) a statement made against the declarant’s interest (or a confession). It also contains exculpatory material, however, that must be presented to the jury as well in the interests of trial fairness. The entire “mixed” statement is thus admitted as p read more

Full post as published by Criminal Review on October 25, 2008 (boomark / email).