Cannabis Indica

How this document has been cited

To corroborate the witness, therefore, it is entirely proper... to prove that at a former time, when the suggestions of others could not have intervened to create a fancied recognition in the witness's mind, he recognized and declared the present accused to be the person
- in Child witness law and practice and one similar citation
Possibly following this rationale, several courts do allow the admission of out-of-court identifications when the out-of-court identifier testifies at trial and is available for cross-examination.
- in State v. Brown, 1983 and one similar citation
The Lohnes court listed the following six Dorman factors: First, that a grave offense is involved, such as a crime of violence; second, that the suspect is believed to be armed; third, that there be a clear showing of probable cause to believe the suspect committed the crime; fourth, strong reason to believe the suspect is on the premises; fifth, a likelihood the suspect will …
- in State v. Alayon, 1990 and one similar citation
The arrest warrant justified the limited entry into room 226 to determine possible locations where the arrestee could conceal himself.
Second, it is clear that exigent circumstances were present and that they justified the warrantless entry in this case.
Although a close question, we also think the police officer's testimony was admissible as corroborative of the child's testimony.
Most courts view later inconsistencies as going to the weight of the testimony, however, and not to the witness's competency.
If, moreover,(as sometimes is done) the person was then so placed among others that all probability of suggestion (by seeing him handcuffed, for example) is still further removed, the evidence becomes stronger.
A number of courts in these States, though not directly deciding the issue, have recognized that the constitutionality of such entries is open to question.
The rule which we have long followed is that "details of a complaint made by the victim of a sex crime may be admitted under either the res gestae exception to the hearsay rule or as corroborative evidence of testimony by the victim."

Cited by

[CITATION] Criminal law and procedure
HW McCarr… - 2001
[CITATION] Evidence
PN Thompson - 1992
454 NW 2d 629 - Minn: Court of Appeals 1990
JEB Myers… - 1987
409 NW 2d 275 - Minn: Court of Appeals 1987
409 NW 2d 553 - Minn: Court of Appeals 1987
JEB Myers - Baylor L. Rev., 1986
JG Cook - (No Title), 1985

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