Topics: Appellate Review


Fact of consequence is determined by substantive law



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Fact of consequence is determined by substantive law. “Whether a proposition is of consequence to the determination of the action is a question that is governed by the substantive law.” United States v. Hall, 653 F.2d 1002, 1005 (5th Cir. 1981).
Example - Inadmissible. “Long’s out-of-court statements are probative of why Deputy Needham went to the mobile home. However, his reasons for going there are not of consequence to the determina­tion of the action, i.e., they do not bear on any issue involving the elements of the charged offense.” United States v. Dean, 980 F.2d 1286, 1288 (9th Cir. 1992).



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