United States v Quezada and MRE 803(3)

Send us Fan MailIn this episode we discuss the case of United States v. Quezada, where the appellant was convicted of a sexual assault (Article 120) and of false official statement (Article 107) for denying that the sex act that amounted to the sexual assault occurred.  The issue is whether the "false exculpatory statement" instruction undermined the appellant's presumption of innocence and right to due process . . . it didn't.  We then move on to discuss the hearsay exception for declarations of a then-existing mental, emotional, or physical condition.