Federal Rule of Evidence 701 provides that
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
(a) rationally based on the witness’s perception;
(b) helpful to clearly
Latest from EvidenceProf Blog - Page 2
Supreme Court of Kansas Finds (Non-Reversible) Error in Prosecution Presenting Evidence That Husband Used Deceased Wife’s Life Insurance Proceeds to Buy a Sex Doll
The recent opinion of the Supreme Court of Kansas in State v. Trickle, 2026 WL 2672272 (Kan. 2026) starts with this provocative paragraph:
Was Kristen Trickle murdered in her sleep by her husband, Colby Trickle? Or did she commit
Third Circuit finds no reversible error in judge telling deadlocked jurors, “the note is you are unable to come to a unanimous decision, but you have to.”
As we just saw with the Lindsay Clancy case, juries can deadlock, leading to a hung jury and a mistrial. So, what should happen when the jury sends a note that they’re deadlocked to the judge, who responds with a
Tenth Circuit Finds No Reversible Error in Prosecutor Saying That the Defendant’s Case Was a “Stupid Story”
In United States v. Davis, 15 F.3d 1393, 1402–03 (7th Cir.1994), found that the prosecutor’s references to the defendant’s case as “hogwash,” “trash,” and “garbage” did not deprive the defendant of a fair trial. Would the same hold for
Seventh Circuit Finds Prosecution Properly Authenticated WhatsApp Messages in Wire Fraud Case
Federal Rule of Evidence 901(b)(4) provides that an item of evidence can be authenticated through
(4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
Louisiana Appellate Court Issues Baffling Ruling in Body-Worn Camera Case
Federal Rule of Evidence 901(a) provides that
To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Moreover,
Evidence No One Stands Behind
Guest post by Jon Polenberg
Professor Miller was kind enough to invite me to share a few thoughts here, and I want to use the space to make an argument about Proposed Federal Rule of Evidence 707 that I develop
Supreme Court of Tennessee Finds Confession by 17 Year-Old Who Was Held Incommunicado For About 7 Hous in the Middle of the Night Was Involuntary
It’s really rare that a court reverses a murder conviction based upon finding a confession to be involuntary. That makes the recent opinion of the Supreme Court of Tennessee in State v. Adkisson, 2026 WL 1542890 (Tenn. 2026), the
9th Circuit Reverses Conviction Based on Judge Telling Holdout Juror to Surrender His Opinion Regarding Expert’s “Irrelevant” Testimony on Defendant’s Autism
The Supreme Court has held that a criminal defendant “being tried by a jury is entitled to the uncoerced verdict of that body.” Lowenfield v. Phelps, 484 U.S. 231, 241 (1988). It’s rare for an appellate court to find
Third Circuit Uses Inherent Power of the Court to Dismiss State’s Notice to Seek Death Penalty Against Defendant
It is well established that judges wield the inherent power of the court. This was the power wielded in the Terrance Lewis case which we covered on Undisclosed. As I wrote in my article, Rectifying Wrongful Convictions Through the