It’s not hearsay

I recently completed a trial in which various statements (of the client) were admitted, over objection, under Mil. R. Evid. 801(d)(2)(B): these were statements of a husband and the client.  The husband’s statements weren’t admitted.  Interestingly Professor Colin Miller has a series of posts on his blog about “adoptive admissions.”

Adoption Stories: Can A Husband’s Admission Of An Affair Be Used As An Adoptive Admission Against His Wife? – who is then prosecuted for killing the girlfriend.

Adoption Stories, Take 2: Why I Think There Should Be A Personal Knowledge Requirement For Adoptive Admissions

Adoption Stories, Take 3: Rule 806 And Why Adoptive Admissions Are Different From Other Admissions

Adoption Stories, Take 4: Why Adoptive Admissions Should Be Governed By Standards Governing Statements Against Interest

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