“These are not products that, in Indiana at least, one can buy on a supermarket shelf.”

Share on Facebook
Share on X
Share on LinkedIn

While we do not handle criminal cases, we do deal with a lot of evidentiary issues oftentimes involving hearsay.  This is an interesting case summary about the “market reports exception” to the hearsay rule. Lawyers cannot offer out of court statements for the truth of the matter asserted unless the statement is either not hearsay, by nature, or an exception to the hearsay rule in implicated.  One of the hearsay exceptions is the “market report exception.”  So what is a “market report” so as to implicate the exception and not be considered hearsay?  Well, it’s not a “… manufacturers’ declarations of the THC content on the outside of the packaging that the substances found in [the defendant’s] possession apparently came in,” because one can’t buy them on a “supermarket shelf.”  Great quote from the Indiana Court of Appeals.  Interesting to see the law deal with emerging issues:

Fedij v. State, No. 21A-CR-1481, __ N.E.3d __ (Ind. Ct. App., April 11, 2022). 

About the Author
I am from Southern Indiana, born and raised. I am licensed in Indiana & Kentucky. I have limited my practice to handling serious injury cases involving catastrophic injuries and wrongful death cases for the past 19 years. I’ve gone to trial numerous times and have obtained large jury verdicts and significant seven-figure settlements for my clients involving commercial vehicle cases and traumatic motorcycle wrecks.
“These are not products that, in Indiana at least, one can buy on a supermarket shelf.”

While we do not handle criminal cases, we do deal with a lot of evidentiary issues oftentimes involving hearsay.  This is an interesting case summary about the “market reports exception” to the hearsay rule. Lawyers cannot offer out of court statements for the truth of the matter asserted unless the statement is either not hearsay, by nature, or an exception to the hearsay rule in implicated.  One of the hearsay exceptions is the “market report exception.”  So what is a “market report” so as to implicate the exception and not be considered hearsay?  Well, it’s not a “… manufacturers’ declarations of the THC content on the outside of the packaging that the substances found in [the defendant’s] possession apparently came in,” because one can’t buy them on a “supermarket shelf.”  Great quote from the Indiana Court of Appeals.  Interesting to see the law deal with emerging issues:

Fedij v. State, No. 21A-CR-1481, __ N.E.3d __ (Ind. Ct. App., April 11, 2022). 

About the Author
I am from Southern Indiana, born and raised. I am licensed in Indiana & Kentucky. I have limited my practice to handling serious injury cases involving catastrophic injuries and wrongful death cases for the past 19 years. I’ve gone to trial numerous times and have obtained large jury verdicts and significant seven-figure settlements for my clients involving commercial vehicle cases and traumatic motorcycle wrecks.
Attorney Advertising
Website developed in accordance with Web Content Accessibility Guidelines 2.2.
If you encounter any issues while using this site, please contact us: 877.890.5090