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Question
Case 2.3Police respond to the scene of shooting outside a local bar. The scene is chaotic with ambulance personnel attending to a nonresponsive shooting victim. In the course of rendering aid to the victim, the victim and the victim's clothing were removed from the scene. The victim's clothing and personal effects are collected by an emergency room nurse at the hospital. The investigating officer responds to the hospital and takes custody of the victim's personal effects. A suspect is identified and charged with the murder of the victim. At trial, it is determined that some of the victim's personal effects of evidentiary value were misplaced by hospital personnel. During the trial the prosecution uses a cell mate of the defendant as a witness. Under oath the witness claims that the defendant admitted to murdering the victim.
What might the defense attorney challenge regarding the admissibility of the witness testimony presented in this case?
a. reliability of the evidence
b. chain of custody
c. accountability of the evidence
d. mental competence of the witness
Answer
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