United States v. Van Griffin, 874 F.2d 634 (9th Cir. 1989) (CAP text)

The record

Level

Legal authority

Authority

United States v. Van Griffin, 874 F.2d 634 (9th Cir. 1989) (CAP text)

Issued

1989-05-01 May 1, 1989

In force

May 1, 1989 (no end date recorded; counted as in force for 120 days)

Character

case

Operative words

(2) An Opposing Party's Statement. The statement is offered against an opposing party and: (A) was made by the party in an individual or representative capacity; (B) is one the party manifested that it adopted or believed to be true; (C) was made by a person whom the party authorized to make a statement on the subject; (D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed (FRE 801(d)(2))... The Justice Department here has, as clearly as possible, manifested its belief in the substance of the contested documents; it has submitted them to other federal courts to show the truth of the matter contained therein. 'color of its stripes' is at 127, so the range '127-28, 130-31' may stand]... The government cannot indicate to one federal court that certain statements are trustworthy and accurate, and then argue to a jury in another federal court that those same assertions are hearsay (Kattar at 131)... the government department charged with the development of rules for highway safety was the relevant and competent section of the government; its pamphlet on sobriety testing was an admissible party admission (Van Griffin at 638)... We agree and hold that statements of fact contained in a brief may be considered admissions of the party in the discretion of the district court (Lacelaw at 227)

Notes