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Question

Case 7.2
Brenda Lee is found murdered on the rear porch of her sorority house after having a heated argument with her boyfriend, Britt Reid, earlier in the evening. The women in the sorority house claim not to have any knowledge of the murder. The medical examiner conducts an autopsy and forensic testing reveals DNA evidence and blood other than the victim's on her clothing. Joe Carbone, a member of a fraternity two houses away, comes forward two days later and provides a statement that one of the sorority sisters, Shirley Temple, told Joe that she saw Britt Reid kill the victim. Bernie is ultimately charged with the murder of Brenda Lee.
At the murder trial, Joe is a witness testifying for the State. As the State's first witness, Joe testifies that Shirley told him that she saw the defendant kill the victim of the case. Joe's statement is being offered to show that the defendant killed the victim. Is this hearsay? Shirley is not testifying at trial.
a. Yes, because Shirley is not available to allow the accuracy of Joe's statement to be tested.
b. Yes, because the testimony violates the Confrontation Clause of the First amendment.
c. No, because it requires the fact finder to draw inferences as to the defendants' intent.
d. No, because it is based on Joe's own actions and observations and Joe is available for cross-examination.

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