Defendant Smith was convicted of burglary in state court. During the trial, the judge admitted hearsay evidence that the prosecution did not properly authenticate, and the jury was not instructed on the standard for overturning insufficient evidence. On appeal, which of the following claims is most likely to be successful?
The defendant's silence during police interrogation.
The admission of hearsay evidence without proper authentication.
Improperly admitted hearsay evidence can be a reversible error if it was material to the conviction. The lack of proper jury instruction on standards for overturning insufficient evidence may also constitute a reversible error if it affected the verdict. The other options, such as silence during interrogation, timing of the trial, or prior record, are either not directly related to the appellate claims described or do not constitute reversible errors in this context.
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What is hearsay evidence?
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