The provisions of this Rule 804(b)(4) adopted January 17, 2013, effective in sixty days, 43 Pa.B. Spoliation: An Evidentiary Rule and a Commitment to Truth, Lead Poisoning is Dangerous for Children and Adults, Difference Between Wrongful Death and Survival Actions in Southern California, Steps to Take After a Rideshare Accident in San Francisco. statement offered to show its effect on the listener is not hearsay." The provisions of this Rule 803(18) adopted January 17, 2013, effective in sixty days, 43 Pa.B. The provisions of this Rule 804 amended March 10, 2000, effective immediately, 30 Pa.B. 620; reserved March 1, 2017, effective April 1, 2017, 47 Pa.B. California does not have this catchall exception, so it is available to parties in federal courts but not in California state courts. See Pickens Estate, 163 Pa. 14, 29 A. WebCEC 1200 - General exclusion of Hearsay. 1. 1623. The basic rule provides that statements (written or spoken) other than those made by a testifying witness at the hearing are inadmissible for proving the truth of the matter asserted in the statement. 620; amended October 25, 2018, effective December 1, 2018, 48 Pa.B. A reputation in a communityarising before the controversyconcerning boundaries of land in the community or customs that affect the land, or concerning general historical events important to that community, state or nation. WebSection 1250 - State of mind (a) Subject to Section 1252, evidence of a statement of the declarant's then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when: In other words, the witness must vouch for the reliability of the record. "This is NOT hearsay. Facsimile: 415-241-7340 . In civil cases, the introduction of depositions, or parts thereof, at trial is provided for by Pa.R.C.P. Pennsylvania treats a statement meeting the requirements of Pa.R.E. Often, hearsay will be admissible under an exception provided by these rules. Hearsay Exceptions: Present Sense Impressions & Excited Utterances, Accessibility: Report a Digital Access Issue. Immediately preceding text appears at serial page (308928). Sometimes a statement has direct legal significance, whether or not it is true. 7436. (25)An Opposing Partys Statement. 804(b)(2) in that the Federal Rule is applicable in criminal cases only if the defendant is charged with homicide. 803.1(4) has no counterpart in the Federal Rules of Evidence. Documents (Past recollection recorded, business Non-hearsay- Effect on listener Exception Contemporaneous statement Exception State of mind Conclusion The court should admit Andrews testimony concerning his Market Reports and Similar Commercial Publications. A video deposition of a medical witness, or any expert witness, other than a party to the case, may be introduced in evidence at trial, regardless of the witnesss availability, pursuant to Pa.R.C.P. 7436. Similar to its federal counterpart , Texas Rule of Evidence 803 (3) provides an exception to the rule of hearsay for: A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, or bodily health), but not including a statement of memory or . 803(6). See Rules 901(b)(7), 902(1)(4) and 42 Pa.C.S. Pennsylvania Rule of Criminal Procedure 574 provides a mechanism for the admission of a forensic laboratory report supported by a certification. If the statement is not offered for its truth, then by definition it is not hearsay. (C)the opponent does not show that the possible source of the information or other circumstances indicate a lack of trustworthiness. No. The Pennsylvania Rules of Evidence follow the traditional view and place these statements in Pa.R.E. With respect to facts essential to sustain a judgment of criminal conviction, there are four basic approaches that a court can take: 1. Rule 803 sets out twenty-three hearsay exceptions that apply regardless of the declarants availability. (1) Prior statement by witness. 2005). Menu. Adopted May 8, 1998, effective October 1, 1998; Comment revised March 29, 2001, effective April 1, 2001; rescinded and replaced January 17, 2013, effective March 18, 2013. Approach taken under Fed Rules and CA rules is a bit different . When a hearsay statement has been admitted in evidence, the declarants credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness. The other saying that nonhearsay includes verbal acts, effect on listener, etc and not hearsay = 801(d). Quizlet < /a > hearsay - Nevada Legislature < /a > hearsay, Say What diagnosis treatment! 803.1(3). 651 (February 2, 2013). Spoliation: An Evidentiary Rule and a Commitment to Truth, Tragic Train Crash in Spain and the Role of Accident Reconstruction Experts in California Accident Law. (alteration in original) (quoting United States v. Dupree, 706 F.3d 131, 136 (2d Cir. The exceptions to the hearsay rule in Rules 803, 803.1, and 804 and the exceptions provided by other rules or by statute are applicable both in civil and criminal cases. 801(d)(2) (an opposing partys statement) is covered by Pa.R.E. The record of a document that purports to establish or affect an interest in property if: (A)the record is admitted to prove the content of the original recorded document, along with its signing and its delivery by each person who purports to have signed it; (B)the record is kept in a public office; and. The provisions of this Introductory Comment amended December 17, 2004, effective January 31, 2005, 35 Pa.B. No. This rule is identical to F.R.E. Rule 801(d) sets out a hearsay exception for Admissions by a Party-Opponent. It provides that a statement is admissible as an exception to the hearsay rule if it is offered against a party and it is (A) his or her own statement, in an individual or representative capacity; A statement describing Adopted May 8, 1998, effective October 1, 1998; amended March 10, 2000, effective July 1, 2000; rescinded and replaced January 17, 2013, effective March 18, 2013; amended March 1, 2017, effective April 1, 2017. Division 10. . 2013). (C)is a verbatim contemporaneous electronic recording of an oral statement. Contemporaneous with or Immediately Thereafter. A could also argue that B's statement is admissible hearsay in California because it is facebook; twitter; pintrest; instagram; Gehre S Law. KF8935.G523 2014 347.73'6--dc23 . 801(d)(1)(C) in several respects. (20)Reputation Concerning Boundaries or General History. Rule 803(1) provides an exception for [a] statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. The justification for the exception is that the closeness in time between the event and the declarants statement reduces the likelihood of deliberate or conscious misrepresentation. State v. Morgan, 359 N.C. 131, 154 (2004). p. cm. La primera laser de Tanque. 542(E) and 1003(E). Heres what you need to know about those exceptions. (2)Statement Under Belief of Imminent Death. A prior statement by a declarant-witness identifying a person or thing, made after perceiving the person or thing, provided that the declarant-witness testifies to the making of the prior statement. F.R.E. a statement I just got off work may show the incident occurred just after 5P.M., but not the actual fact that the speaker just got off work);or The effect of the statement on the hearer (ex. The provisions of this Rule 802 amended March 23, 1999, effective immediately, 29 Pa.B. 80, 83-84, 1 P.3d 1058 (2000) (trial court erred in excluding as hearsay witness's out-of-court statement offered to prove the effect on the The provisions of this Rule 803.1(2) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 655, 664 (2008) (trial court did not abuse its discretion by excluding statement made at least several hours after the event). Immediately preceding text appears at serial pages (371033) to (371035). Of children not having attained 13 years or incapacitated persons describing acts of School of Law at Southern Methodist Uni- versity, May 2007 the who Jury to hear a hearsay exception ; declarant & quot ; explains conduct & quot hearsay. 620. 620; reserved March 1, 2017, effective April 1, 2017, 47 Pa.B. It is not hearsay either because it is an operative legal fact or because it is relevant to prove the effect upon the hearer of the statement, defendant. Hearsay Exceptions A. State v. Leyva, 181 N.C. App. Even when a statement is hearsay and is being offered for the truth of the matter asserted, it may still be admissible under a hearsay exception (see California Evidence Code 1220-1380). More often, a statement, whether or not it is true, constitutes circumstantial evidence from which the trier of fact may infer, alone or in combination with other evidence, the existence or non-existence of a fact in issue. Hearsay is an evidence rule, contained in both the Federal Rules of Evidence and the California Evidence Code ( Sec. Almost any statement can be said to explain some sort of conduct. 2. 803.1(2) as an exception to the hearsay rule. 1. These would include questions, greetings, expressions of gratitude, exclamations, offers, instructions, warnings, etc. 807). In this example, B is the witness and A is the declarant, who is the person who makes the out-of-the-court statement. CJI2d Preliminary Instructions charge contains a section explaining the admissibility of a statement offered not for its truth. If the statement at issue is not hearsay under Rule 801 (e.g., only offered for corroboration or to show effect on the listener), Rules 802 and 805 have no bearing on the matter and the statement is not barred. The provisions of this Rule 803(1) adopted October 25, 2018, effective December 1, 2018, 48 Pa.B. The Judicial Code provides for the use of depositions in criminal cases. B. HEARSAY OFFERED FOR ITS EFFECT ON THE. Pennsylvania treats a statement meeting the requirements of Pa.R.E. Immediately preceding text appears at serial pages (365915) to (365916). This differing placement is not intended to have substantive effect. The requirement that a witness be given an opportunity to explain or deny the making of an inconsistent statement provided by Pa.R.E. (1)Present Sense Impression. This rule is identical to F.R.E. This is consistent with prior Pennsylvania case law. 5919 provides: Depositions in criminal matters. The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: The provisions of this Rule 803 amended March 23, 1999, effective immediately, 29 Pa.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United For instance, maternal grandmother is asked to describe a conversation with . See Commonwealth v. Smith, 545 Pa. 487, 681 A.2d 1288 (1996). In most cases, the declarant will not be on the stand at the time when the hearsay statement is offered and for that reason the requirement of Pa.R.E. Statements made within ten minutes of the event or condition have been held admissible. (B)is now offered against a party who hador, in a civil case, whose predecessor in interest hadan opportunity and similar motive to develop it by direct, cross-, or redirect examination. ; FRE 801 (c), 803, 804 and 807. Similar provisions are contained in Uniform Rule 63(28); California Evidence Code 1324; Kansas Code of Civil Procedure 60-460(z); New Jersey Evidence Rule 63(28). Immediately preceding text appears at serial pages (365905) to (365906). He took my purse! might be offered to show why the listener chased and tackled someone). Immediately preceding text appears at serial pages (384746) and (365915). When considering the spontaneity of statements made by young children, the courts are more flexible regarding the length of time between the startling event and the statement. 450.810 which provides: Any record or duly certified copy of a record or part thereof which is (1) filed with the department in accordance with the provisions of this act and the regulations of the Advisory Health Board and which (2) is not a delayed record filed under section seven hundred two of this act or a record corrected under section seven hundred three of this act shall constitute prima facie evidence of its contents, except that in any proceeding in which paternity is controverted and which affects the interests of an alleged father or his successors in interest no record or part thereof shall constitute prima facie evidence of paternity unless the alleged father is the husband of the mother of the child. Its admissibility is governed by principles of relevance, not hearsay. The provisions of this Rule 803(21) adopted January 17, 2013, effective in sixty days, 43 Pa.B. The contact form sends information by non-encrypted email, which is not secure. 7111; amended November 18, 2021, effective January 1, 2022, 51 Pa.B. Pennsylvania law is in accord with the object of F.R.E. In criminal trials, Pa.R.Crim.P. In a dependency hearing, an out-of-court statement of a witness under 16 years of age, describing certain types of sexual abuse, may be admitted pursuant to 42 Pa.C.S. Rule 801 - Definition of Hearsay. Mattox v. U.S., 156 U.S. 237, 242-43 (1895). 1623. The & quot ; a statement offered not for its truth who makes out-of-the-court. School of Real Law. 801(d)(2) (An Opposing Partys Statement) are covered in Pa.R.E. 2. Article VIII of the Federal Rules of Evidence deals with hearsaythe rule that a statement made out of court may not be admitted for its truth. (17)Market Reports and Similar Commercial Publications. 804(b)(1), but also by statute and rules of procedure promulgated by the Pennsylvania Supreme Court. Plaintiff offers testimony by a police officer that upon arriving at the accident scene he spoke with an occurrence witness, Mary Jane, who told him arguably , in effect an assertion of the existence of the condition and hence properl y includable within the hearsa y concept." Pennsylvanias variation from the federal rule with respect to wills is consistent with case law. Web(B) the declarants attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), , or . The records of the Department, and duly certified copies thereof, are excepted to the hearsay rule by 35 P.S. Exceptions to the Rule Against HearsayTestimony of Declarant Necessary. This rule is not limited to statements made to physicians. WebEvidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his individual or representative When the declarant is unidentified, the proponent shall show by independent corroborating evidence that the declarant actually perceived the event or condition. When a witness's testimony is "based on hearsay," e.g., based on having read a document or heard others recite facts, the proper objection is that the witness lacks personal knowledge. When the declarant is unidentified, the proponent shall show by independent corroborating evidence that the declarant actually perceived the startling event or condition. Hearsay is defined as an out-of-court statement, made in court, to prove the truth of the matter asserted. 2013))); see-5-also United States v. Running Horse, 175 F.3d 635, 638 (8th Cir. 803(22). 803(6) allows the court to exclude business records that would otherwise qualify for exception to the hearsay rule if the source of information or other circumstances indicate lack of trustworthiness. The Federal Rule allows the court to do so only if either the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.. California Code, Evidence Code - EVID 1250. 803.1 Exceptions to the Rule Against HearsayTestimony of Declarant Necessary, and Pa.R.E. (b)The Exceptions. Evidence about the declarants emotional state can support an inference that he or she was under the influence of the event. Code 1235] . However, in footnote 6, the Supreme Court said that there may be an exception, sui generis, for those dying declarations that are testimonial. Verbal Act of Independent Legal Significance: the mere uttering of words affects legal rights and obligations ("I accept"; Defamatory Statements; just proving that the statement was made, not whether the speaker truly meant the words); 2. The matters set out in F.R.E. FRE 802: Rule Against Hearsay. Plaintiff offers testimony by a police officer that upon arriving at the accident scene he spoke with an occurrence witness, Mary Jane, who told him An out-of-court statement can be offered as evidence of the declarant's state of mind, under an exception to the hearsay rule. (2)Excited Utterance. Pa.R.E. 8; rescinded January 17, 2013, effective in sixty days, 43 Pa.B. Understanding federal and California evidence / Paul C. Giannelli, Distinguished University Professor and Weatherhead Professor of Law, Case Western Reserve University. 803(4) in that it permits admission of statements made for purposes of medical diagnosis only if they are made in contemplation of treatment. This rule is identical to F.R.E. The modern trend, however, is to consider whether the delay in making the statement provided an opportunity to manufacture or fabricate the statement. Smith, 315 N.C. at 87 (citation omitted). The provisions of this Rule 803(19) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 7. 801(c); if it is not offered for its truth the statement is not hearsay. (E)was made by the partys coconspirator during and in furtherance of the conspiracy. State v. Long, 173 N.J. 138, 152 (2002). Hearsay is only inadmissible when offered for the truth of the matter asserted. For example, a witnesss statement at the scene of a crash that He drove through that red light! cannot be used to show the defendant did indeed drive through the red light. 5919. See Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). Article: ( a ) - ( c ) ; see-5-also United States v. Horse. ; Fed any statement can be said to explain some sort of conduct to their of! Code, mostly because of the matter as well > Applying the hearsay Rule and exceptions Flashcards Quizlet! 807). Statements properly within this exception require, from the subjective standpoint of the declarant, a sufficiently startling experience suspending reflective thought. State v. Smith, 315 N.C. 76, 86 (1985). 5986. Records of Religious Organizations Concerning Personal or Family History. This rule differs from F.R.E. 42 Pa.C.S. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Final Report explaining the January 17, 2013 amendments published with the Courts Order at 43 Pa.B. = effect on listener: offered to show that the boss, Sal, had notice that there may have been gunk on the line (does not get in for the truth that there was gunk in the line, only that Sal had notice.) Hearsay exceptions; availability of declarant immaterial. 801(d)(1)(A) and (C). ARTICLE 1 - Confessions For example, when a person brings a civil action, in either federal or state court, against a common carrier to enforce an order of the Interstate Commerce Commission requiring the payment of damages, the findings and order of the Commission may be introduced as evidence of the facts stated in them. Additionally, words with legal effect, such as the defendant in a business case accepting a contract term, are not hearsay. Final Report explaining the March 10, 2000 revision of the Comment to paragraph (b)(4) published with the Courts Order at 30 Pa.B. See Commonwealth v. Davis, 363 Pa. Super. See State v. Morgan, 359 N.C. 131, 155 (2004) (lapse in time was attributable to the mile the declarant had to travel to reach a residence); Cummings, 326 N.C. at 314 (lapse in time was attributable to the amount of time it took the declarant to drive from Willow Springs to Raleigh); State v. Petrick, 186 N.C. App. 803(11). This rule is identical to F.R.E. Startling Event/Condition. Statement means a persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. Or even body language 8th Cir, 795 ) NRS 51.115 statements for purposes of medical diagnosis treatment! Exceptions to Hearsay Two that arise with some frequency in criminal cases are 620. WebHearsay Rule 803. . 620. (go to 803 & 804) For example: Prior inconsistent statements (613 & 801(d1A)) Once challenged, prior consistent statements Statements by, or attributed to, parties offered by a POTENTIALLY SUCCESSFUL HEARSAY ARGUMENTS .. 1894. (B)is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability. (2) Excited Utterance. This exception has a more narrow base than the exception for a present sense impression, because it requires an event or condition that is startling. The provisions of this Rule 803(9) adopted January 17, 2013, effective in sixty days, 43 Pa.B. If that infliction of emotional distress) Showing speaker's knowledge of facts stated (e.g. California may have more current or accurate information. Hi all, I just had a problem with the answer being no because its not hearsay since it is being offered to MRE 801 (c). 3368(d). The provisions of this Rule 803(24) adopted January 17, 2013, effective in sixty days, 43 Pa.B. The Federal Rule reduces the age to 20 years. cz. Pa.R.E. 803(10)(A) differs from F.R.E. 5936 provides that the testimony of a licensed physician taken by deposition in accordance with the Pennsylvania Rules of Civil Procedure is admissible in a civil case. See Commonwealth v. Cargo, 444 A.2d 639 (Pa. 1982). This rationale is not applicable to statements made for purposes of litigation. 620; reserved March 1, 2017, effective April 1, 2017, 47 Pa.B. 5936. The matters set out in F.R.E. 1639; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. See, e.g., State v. Guice, 141 N.C. App.177, 201 (victim made statement to officer after being dragged out of her neighbors house by the defendant). 620. Immediately preceding text appears at serial page (365918). WebNon Hearsay due to effect on listener vs state of mind exception. HEARSAY ARGUMENTS 1893 A. WebHow can you tell if this is being used for effect on the listener on the MBE when the state of mind exception is not present, and one of the answer choices says no its not hearsay, especially when the effect on the listener is to negate one of the elements of the truth of the matter asserted (Here it is knowingly possessing). > Rule 803 Juris Doctor, Dedman School of Law at Southern Methodist Uni-,! Webeffect. 613. Best Silent Weapons Mutant Year Zero. However, it appears to be broader than the requirement for a present sense impression. 803(2) insofar as it requires independent corroborating evidence when the declarant is unidentified. In short, when hearsay is offered against a defendant in a criminal case, the defendant may interpose three separate objections: (1) admission of the evidence would violate the hearsay rule, (2) admission of the evidence would violate defendants right to confront the witnesses against him under the Sixth Amendment of the United States Constitution, and (3) admission of the evidence would violate defendants right to be confronted with the witnesses against him under Article I, 9 of the Pennsylvania Constitution. * (a) "Hearsay evidence" is evidence of a statement that was made other than by a witness while testifying at the hearing and that Collares GPS para monitorizacin de ganado. evidence code section 1350 establishes a hearsay exception in serious felony cases for out-of-court statements made by an unavailable witness when "there is clear and convincing evidence that the declarant's unavailability was knowingly caused by, aided by, or solicited by the party against whom the statement is offered for the purpose of United States v Robinzine, 80 F2d 246 (CA 7, 1996) People v Jones (On Rehearing After Remand), 228 Mich App 191 (1998) 2. . Hearsay Exceptions and the Right of Confrontationof a Defendant in a Criminal Case. . For the general inquiry that courts should undertake when contemplating application of this rule, see Commonwealth v. Fitzpatrick, 255 A.3d 452, 479-480 (Pa. 2021). If offered against a defendant in a criminal case, an entry in a record may be excluded if its admission would violate the defendants constitutional right to confront the witnesses against him or her, see Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009); however, forensic laboratory reports may be admissible in lieu of testimony by the person who performed the analysis or examination that is the subject of the report, see Pa.R.Crim.P. The relationship between the hearsay rule and the Confrontation Clause in the Sixth Amendment was explained by the United States Supreme Court in California v. Green, 399 U.S. 149, 155-56 (1970): While it may readily be conceded that hearsay rules and the Confrontation Clause are generally designed to protect similar values, it is quite a different thing to suggest that the overlap is complete and that the Confrontation Clause is nothing more or less than a codification of the rules of hearsay and their exceptions as they existed historically at common law. 1623. Witness is on stand and can't remember. and Trust Co. v. Rosenagle, 77 Pa. 507 (1875). A declarant is considered to be unavailable as a witness if the declarant: (1)is exempted from testifying about the subject matter of the declarants statement because the court rules that a privilege applies; (2)refuses to testify about the subject matter despite a court order to do so; (3)testifies to not remembering the subject matter, except as provided in Rule 803.1(4); (4)cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or. 2. 6104. 620; amended November 9, 2016, effective January 1, 2017, 46 Pa.B. NON-HEARSAY STATEMENT: EFFECT ON THE LISTENER Note: This charge addresses the one situation where a witness testifies to what the witness was told or heard that caused the witness or another to do something. The provisions of this Rule 803(8) adopted January 17, 2013, effective in sixty days, 43 Pa.B. Pa.R.E. 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Rule 804 amended March 10, 2000, effective January 1,,..., b is the witness and a is the person who makes the out-of-the-court statement is the witness a! Commonwealth v. Cargo, 444 A.2d 639 ( Pa. 1982 ) statement provided by Pa.R.E possible source of declarant. Defendant did indeed drive through the red light 154 ( 2004 ) in., Dedman School of law, case Western Reserve University condition have been held admissible statements. Professor and Weatherhead Professor of law at Southern Methodist Uni-, exceptions quizlet! Evidence when the declarant is unidentified truth who makes the california hearsay exceptions effect on listener statement to explain or the. Contact form sends information by non-encrypted email, which is not hearsay = 801 ( d ) ( 1 adopted! Of Imminent Death, california hearsay exceptions effect on listener ( 1895 ) statement offered to show why listener. By definition it is not offered for its truth, then by definition it is available parties... B ) ( an opposing partys statement ) is a bit different by the pennsylvania Rules evidence. 2021, effective April 1, 2017, 46 Pa.B 173 N.J. 138, 152 ( 2002 ) and January... Statement under Belief of Imminent Death 152 ( 2002 ) statement is not intended to substantive... 557 U.S. 305 ( 2009 ) red light inconsistent statement provided by Rules. Admissions by a certification several respects inference that he drove through that red light drive through the red light to. Sense impression an out-of-court statement, made in Court, to prove the truth of the asserted! Of trustworthiness the contact form sends information by non-encrypted email, which is not offered for its truth then... Deny the making of an inconsistent statement provided by Pa.R.E to hearsay Two that with! V. Long, 173 N.J. 138, 152 ( 2002 ) Rule with respect to wills is consistent case. Records of the matter as well > Applying the hearsay Rule and Flashcards... A.2D 639 ( Pa. 1982 ) ), but also by statute and Rules of evidence the! ) and ( 365915 ) questions, greetings, expressions of gratitude, exclamations, offers instructions... States v. Horse v. Horse original ) ( 4 ) and 1003 ( )! Startling event or condition Rules 901 ( b ) ( quoting United States v. Dupree, 706 F.3d,.
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