Hearsay Within Hearsay

The Court does not publish many opinions outside of the Daubert area that construe the Federal Rules of Evidence.  New judge Stephen Higginson, in a technical opinion about conditions of prison release for medical treatment, addressed an uncommon hearsay issue in Sealed Appellee v. Sealed Appellant, No. 10-11163 (5th Cir. Dec. 19, 2011).  The Court affirmed the admissibility of a probation officer’s letter under the “public records” exception of Fed. R. Evid. 803(8), despite its observation that the letter “does attribute some statements to [Appellant’s] sister.”  Op. at 7 (citing analysis of a similar issue in  Moss v. Ole South Real Estate, 933 F.2d 1300, 1309-10 (5th Cir. 1991)).