Legal Opinion
Miller, Carol A., and Miller, Howard C., Her Husband v. Keating, Lawrence M., and Texaco, Inc
Court of Appeals for the Third Circuit
Decided February 11, 1985No. 84-1110PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
STERN, District Judge:
The district court admitted into evidence a statement, made by an unidentified declarant at the scene of an automobile accident, amounting to an accusation that the accident was the fault of plaintiff Carol Miller. The district judge admitted the statement as “res gestae,” without making reference to any of the hearsay exceptions in Fed.R.Evid. 803, or any findings of fact on the issue of admissibility. Fed.R.Evid. 104(a). We conclude that the district judge erred.
I
On January 18, 1982, Carol Miller was driving her white Ford LTD east on U.S. Route 22,…
2Cases cited7 opinions
- In re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1983
- Beck v. DyeWashington Supreme Court · 1939
- Kenrick David v. Pueblo Supermarket Of St. ThomasCourt of Appeals for the Third Circuit · 1984
- George P. McLaughlin v. Douglas Vinzant, Superintendent, Etc.Court of Appeals for the First Circuit · 1975
- Theodore Kornicki v. Calmar Steamship Corporation v. Jarka Corporation of Philadelphia, Third-PartyCourt of Appeals for the Third Circuit · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- State v. GunbySupreme Court of Kansas · 2006
- State v. RoseSupreme Court of New Jersey · 2011
- Lonnie K. Stephens v. Charles B. Miller, Warden, and Attorney General of the State of IndianaCourt of Appeals for the Seventh Circuit · 1994
- United States v. Cruz, Jose, United States of America v. Alverio, Julian MiguelCourt of Appeals for the Third Circuit · 1990
- United States v. Neil Saada and Isaac Saada, A/K/A ZuckieCourt of Appeals for the Third Circuit · 2000
74 more not listed; retrieve them via the Exa API.