Domestic Violence Legal Proceedings

Summary

Hearsay is generally inadmissible in West Virginia courts, but exceptions exist. Character evidence is usually not admissible to prove conduct. For more details, contact the West Virginia Supreme Court of Appeals.

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Sally appears in the ER with severe bruising and a broken arm. She tells the nurse her husband pushed her down the stairs of their home. The nurse calls the police, who take Sally’s statement. The police then arrest Sally’s husband, John. At John’s bail hearing, Sally refuses to testify, so the judge allows the arresting officer to repeat what Sally said regarding the abuse. Does John’s lawyer have grounds for an objection? Why or why not? Later, at trial, Sally decides to testify. She tells the prosecutor John has also told her about other crimes he’s committed, and she wants to tell the jury about those, as well. Should she be permitted to testify about the abuse? What about the other crimes?
Are you asking about the admissibility of hearsay and character evidence in a West Virginia court?

- Hearsay is generally inadmissible, but exceptions exist.
- Character evidence is usually not admissible to prove conduct.
Yes
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School Question
Are you asking this question for a school assignment or legal study?
Assignment
In West Virginia:

- Hearsay is generally inadmissible, but exceptions exist.
- Character evidence is usually not admissible to prove conduct.

For more details, contact the West Virginia Supreme Court of Appeals: (*) *-*.