Leave it to two Midwestern states to fight over who gets to be called the “Mitten State.” Plus, Lowering the Bar’s expertise on lap-dancing, the hearsay exception to emoticons, and eating the cash that you steal. It’s the happy hour law review for Thursday, December 8, 2011.
1Lowering the Bar is apparently an expert on freedom and on the legal nuances of lap-dancing (both of which go together, actually). Or, at least an expert for Romanians. | Lowering the Bar
Might an emoticon indicate that a statement is an “excited utterance” under Rule 803(2), defined as “[a] statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused”?
In other words, what’s the proper hearsay exception for an emoticon?
3We get a kick sometimes with the charges that result from dumb criminal things. Like the guy who allegedly stole $125 in cash and then tried to eat it when confronted later by police. He’s now charged with theft, receiving stolen property, harassment, and “tampering with evidence.” | The Morning Call
4I’m sure the very fine DuetsBlog will weigh in on this question soon, but what are the respective trademark rights of Michigan and Wisconsin in fighting over which one is the true “mitten state?” | LSJ.com