During a criminal trial for burglary, the prosecution seeks to introduce testimony from a friend that the defendant told her, "I broke into that house and took the valuables." Defense counsel objects that the statement is inadmissible hearsay. Under the Federal Rules of Evidence, on what basis should the court admit the statement?
Present sense impression exception.
Opposing party's statement (admission by a party-opponent) under Rule 801(d)(2)(A).
The statement is the defendant's own out-of-court assertion offered by the prosecution against him. Under Rule 801(d)(2)(A) it qualifies as an opposing party's statement (commonly called an admission by a party-opponent) and is therefore defined as not hearsay; no exception is required.
The statement-against-interest exception in Rule 804(b)(3) does not apply because it requires the declarant to be unavailable. Excited utterance and present-sense-impression exceptions both demand specific contemporaneous circumstances that are not present here.
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