Similar to its federal counterpart, Indiana Rule of Evidence 806 provides that
When a hearsay statement or a statement described in Rule 801 (d)(2)(C), (D), or (E) has been admitted in evidence, the declarant’s credibility may be
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Court of Appeals of Virginia Finds No Confrontation Clause Issue With Witness For the Prosecution Concealing His Identity With a Mask While Testifying
The Confrontation Clause provides that “[i]n all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” So, can this right to confrontation be satisfied by a witness for the prosecution concealing his identity with
The Incorrect Contempt Ruling By Judge Lott in the Edrick Faust Trial
Last Tuesday, a jury found Edrick Faust guilty of 12 charges in connection with the murder and aggravated sodomy of University of Georgia law student Tara Baker. At the very start of the trial, during opening statements, defense counsel Ahmad
Court Finds Zoom Call Between Debtor & Creditor About Bankruptcy Claim Did Not Trigger Exclusionary Rule for Settlement Negotiations
Federal Rule of Evidence 408(a) provides as follows
(a) Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to
Circuit Court Orders State to Respond to All Four Allegations in the Amanda Lewis Case
Last year, we investigated and reported on Amanda Lewis case on the Undisclosed Podcast. During the course of our coverage, we presented four possible grounds for reversing Amanda’s convictions connected to the drowning death of her daughter, Adrianna. These
Supreme Court of Maryland Finds No Reasonable Suspicion to Stop Vehicle Based on Driver Touching or Manipulating a Cell Phone
In its recent opinion in State v. Stone, 2026 WL 202095 (Md. 2026), the Supreme Court of Maryland noted the following about the state’s Transportation Code:
TR § 21-1124.1(b) prohibits a person from writing, sending, or reading a text
Supreme Court of Colorado Rejects Involuntary Intoxication Defense For Defendant Who Claimed His Criminal Behavior Was Caused by “Something Unknown” in a Joint He Smoked
While most states do not allow for a voluntary intoxication defense, most states do allow for an involuntary intoxication defense. Such a defense applies when a defendant unknowingly ingests alcohol or drugs to the point of intoxication (e.g., a roommate
Sixth Circuit Finds Case Agent’s Unfounded Testimony That Defendant & Co-Conspirator “May Even Have Been Lovers” Had No Place at Trial, But Didn’t Warrant Reversal
Should a defendant be entitled to a new trial when the case agent baselessly testifies at trial that his alleged co-conspirator and he “may even have been lovers” despite the defendant seeking to distance himself from the co-conspirator? That was
Eleventh Circuit Addresses the Admissibility of Rap Lyrics in Criminal Prosecutions
A topic that I’ve written about on this blog for more than a decade is the troubling trend of prosecutors introducing rap lyrics authored by defendants to prove that they committed crimes. That latest court to address the issue, albeit
Seventh Circuit Finds Expert Testimony About the Need for an Independent Service Brake Was Improperly Excluded in Lawsuit Over Lawnmower Accident
It’s pretty rare for an appellate court to reverse a trial court’s ruling deeming expert opinion testimony inadmissible under Federal Rule of Evidence 702. That makes the recent opinion of the Seventh Circuit in Hillman v. Toro Company,