Suzy was killed on a rainy hot summer night. Her business partner, Don, waited behind a muddy

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Question:

Suzy was killed on a rainy hot summer night. Her business partner, Don, waited behind a muddy dirt hill and shot Suzy as she was unlocking her home entrance door. The District Attorney charged Don with murder. Don entered a not guilty plea.

The prosecution called Don's wife, Donna, to testify. Two weeks after Suzy's murder,Donna found out Don was cheating. Donna left her belongings and moved out. Donna had her attorney write Don a letter saying the marriage was over.Divorce proceedings had not yet begun.

Angry, Donna willingly took the stand. Yet, prior to any questioning, the Court took its noon recess. During the noon recess, Don told Donna he read the Bible. Further, Don said he was a new man, asked for forgiveness, and promised fidelity forever. Don and Donnareconciled on the spot. Donna decided not to testify against Don.

As trial recommenced, the Prosecutor asked Donna if she saw anything on Don's shoes the night of the murder. Donna refused to answer. The court informed Donna that if she did not answer she would be held in contempt. Donna testified she saw fresh mud on Don's shoes.

The Prosecutor's next witness was nosey next door neighbor Nancy. Nancy's garden is about 5 feet from Don and Donna's kitchen window. Nancy testified that as she was gardening, she saw Don and Donna standing in the kitchen and overheard Don whisper, "I just shot and killed Suzy. She was trying to overtake the business from me. We would lose everything we own." Don and Donna did not know nosey Nancy overheard their conversation.

Assume all appropriate objections were timely and all hearsay issues are resolved and need not be addressed.

Did the court properly allow: