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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a case for robbery with homicide, the prosecution offers Exhibit 7: a color photograph printed from a police smartphone showing the accused fleeing the crime scene. The offer states only: “Exhibit 7 is admissible as a photograph.” The defense objects on authentication and lack of foundation; no witness has testified to authenticate the photograph or establish its chain of custody at the time of the offer. (a) What is the controlling doctrine governing ‘When Evidence Offered’ and what must accompany an offer of evidence? (b) Which grounds must be specified at the time of the offer, and how may the deficiency be cured? (c) Apply to Exhibit 7: what ruling should the court render, and what steps could the prosecution take to cure the deficiency if permissible?

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