Question: Same facts as in #21, except that Mr. Sharp never testified at all in defendant's case. However, in a civil lawsuit filed by Scott, a
Same facts as in #21, except that Mr. Sharp never testified at all in defendant's case. However, in a civil lawsuit filed by Scott, a survivor of the blast, against EE for maintaining an unsecure energy plant, Mr. Sharp testified about Dan's purchase of the bomb materials. Dan was not present or a party to the civil case. Mr. Sharp then died before Dan's case came to trial. The prosecution would like to present, in Dan's criminal trial, a transcript of Mr. Sharp's testimony at the civil trial. This would be
Group of answer choices
Not allowed
Hearsay but admissible under the declaration against interest exception
Hearsay but admissible under the spontaneous statement exception
Hearsay but admissible under the former testimony exception
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