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

Posted by Marc Sedwick | Jan 27, 2023 | 1 Comment

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

Marc Sedwick

Practice Areas Auto Accidents Truck Accidents Nursing Home Abuse Wrongful Death Burn Injuries Motorcycle Accidents Construction Area Injuries Medical Malpractice Brain and Spine Injuries Slip and Falls Honors The National Trial Lawyers: Top 100 Super Lawyers® Rising Stars℠

Comments

Fedij Reply

Posted May 30, 2023 at 12:03:48

thank you for your contributions to Justice + kind words on my case. I have endured police misconduct for three years, in Carmel Indiana. It is worth it. Because my case has helped many Hoosiers.

It means a lot to read words on my case.

With gratitude,
Ms. Lisa Rose Fedij

#lizarose [facebook]

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