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What Makes Text Messages Not Hearsay?
In Commonwealth v. Koch, No. 45 MAP 2012 (S.Ct. Dec. 30, 2014), the Pennsylvania Supreme Court gave us a present in the form of an affirmance of a Superior Court panel decision that reversed the trial court's denial of the exclusion of text messages on the grounds that they were hearsay. Because the affirmance was the result of a six-justice court being evenly divided at 3-3, none of the opinions is controlling. Nevertheless, they provide insight into the issues arising from the attempt, at least in a criminal matter, to move into evidence text messages without the sender or receiver of those messages being the witness introducing them.
Factual Background
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