THE FACT THAT HEARSAY EVIDENCE MAY BE USED COLLATERALLY IN CONNECTION WITH COMPARABLE VALUATIONS DOES NOT MEAN THAT HEARSAY IS ACCEPTABLE DIRECTLY ON THE ISSUE OF VOLUNTARINESS OF ONE OF THE COMPARABLE SALES

ALTHOUGH RULES OF EVIDENCE AND CONDEMNATION LAW WILL NOT ALWAYS PRODUCE IDENTICAL RESULTS ON A HEARSAY QUESTION, THERE IS AN AREA AVAILABLE TO COURTS THAT WISH TO ADMIT SUCH EVIDENCE BY A FAVORABLE INTERPLAY OF THE TWO BODIES OF LAW. THE CASE IS DESCRIBED WHERE CONDEMNATION LAW WAS EMPLOYED AS THE EASIEST ROUTE FOR ADMISSION OF THE COLLATERAL HEARSAY WHILE TRADITIONAL EVIDENTIARY DOCTRINE PREVENTED THE INTRODUCTION OF HEARSAY EVIDENCE ON VOLUNTARINESS. CLAIMANTS APPEALING A TRIAL COURT FINDING ALLEGED ERRORS IN THE EVIDENTIARY PROCEDURES AT THE TRIAL. IN MAKING A COMPARISON OF SALES, THE STATE'S APPRAISAL WITNESS INTRODUCED PHOTOGRAPHS TAKEN IN 1966 WHEREAS THE SALES TOOK PLACE IN 1961 AND 1963. WITNESSES FOR THE STATE TESTIFIED THAT INQUIRIES REVEALED THAT THERE HAD BEEN NO CHANGE IN THE RESPECTIVE TRACTS. THE CLAIMANTS ASSERTED THIS TO BE INADMISSIBLE HEARSAY EVIDENCE. THEY ALSO CHALLENGED ONE OF THE SALES ON THE GROUNDS THAT IT WAS INVOLUNTARY AND THEIR WITNESSES TESTIFIED IN SUPPORT. THE APPEALS COURT DREW A DISTINCTION BETWEEN THE 2 TYPES OF HEARSAY EVIDENCE. THE STATE'S HEARSAY EVIDENCE WAS ADMITTED ON THE GROUNDS THAT THE QUESTION OF CHANGED CONDITIONS WAS ONLY COLLATERAL TO THE MAIN ISSUE AND THAT IN THE PRESENCE OF THE PHOTOGRAPHS, THE EVIDENCE COULD BE CLASSED AS LITTLE MORE THAN CORRABORATION. THE EVIDENCE FOR THE NONVOLUNTARY SALE WAS NOT ADMITTED BECAUSE IT REFLECTED DIRECTLY ON THE MAIN ISSUE OF THE CASE I.E. THE COMPARABILITY OF THE SALES AND COULD CONTRADICT THE VALUATIONS OF THE STATE. THE APPLICATION OF TRADITIONAL RULES OF HEARSAY, WHICH WOULD HAVE LED TO AN IDENTICAL CONCLUSION, IS DESCRIBED.

  • Publication Date: 1969-2

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Filing Info

  • Accession Number: 00200864
  • Record Type: Publication
  • Report/Paper Numbers: Memo 199
  • Files: TRIS
  • Created Date: Jul 24 1973 12:00AM