Question: So-called double hearsay involves situations like this: A testifies that B told her that C said the defendant stole her money. If that testimony is
So-called “double hearsay” involves situations like this: A testifies that B told her that C said the defendant stole her money. If that testimony is intended to prove the defendant stole C’s money, it is double hearsay: B’s statement to A is hearsay, and C’s statement to B is hearsay.
Is it double hearsay if a police officer testifies that C, an assault victim who did not speak English, told B, an interpreter, that the defendant assaulted her, which the interpreter then told the detective in English? Is the “statement”
by the interpreter an “assertive” statement?
(See State v. Rodriguez-Castillo, 188 P.3d 268
(Or. 2008).)
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