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re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter

Posted on 12/6/16 at 10:08 am to
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27189 posts
Posted on 12/6/16 at 10:08 am to
quote:

State's motion to exclude Cardell Hayes' statement to the police post-arrest


Is this odd?

I would think that the statement from the accused would be admissible.
Posted by Chad504boy
4 posts
Member since Feb 2005
166498 posts
Posted on 12/6/16 at 10:09 am to
I see no value in introducing Hayes statements to police right after shooting
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 12/6/16 at 10:10 am to
quote:

Is this odd?

I would think that the statement from the accused would be admissible.




Not really, if you invoke the fifth amendment at trial and choose not to testify, you also don't get to introduce recorded and/or out-of-court statements. That would allow you to basically testify to the jury without being cross examined.

Posted by 20MuleTeam
West Hartford
Member since Sep 2012
3862 posts
Posted on 12/6/16 at 10:59 am to
It's admissible by the state, it will be admissible by the defense only if the accused takes the stand
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