Similar to its federal counterpart, North Carolina Rule of Evidence 608(a) provides that
The credibility of a witness may be attacked or supported by evidence in the form of reputation or opinion as provided in Rule 405(a), but subject
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Court of Appeal of Louisiana Finds Photo of Facebook Post Was Properly Authenticated at Murder Trial
Similar to its federal counterpart, Louisiana Code of Evidence Article 901(B)(4) provides that evidence can be authenticated through “[a]ppearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.” In “The Social Medium,” I argued that
Supreme Court of Washington Finds Defense’s Introduction of Hearsay Statement Accusing Someone Else of an Assault Opened the Door For Statement by Same Speaker Accusing the Defendant
Washington Rule of Evidence 106, the “rule of completeness,” provides that
When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the party at that time to introduce any other
Tenth Circuit Finds Defendant’s Statements Directing Police Officers to Victim’s Body Didn’t Trigger Evidentiary Protection For Statements During Plea Discussions
Federal Rule of Evidence 401(a)(4) provides that
In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:….
(4) a statement made during plea discussions
Court of Criminal Appeals of Oklahoma Finds Victim’s Statement to Unavailable Detective Didn’t Satisfy the Residual Hearsay Exception
Like its federal counterpart, the Oklahoma Rules of Evidence contain a residual exception to the rule against hearsay. Specifically, 12 O.S.2021, § 2804.1 provides in pertinent part:
A. In exceptional circumstances a statement not covered by Section 2803, 2804,
Court of Appeals of Texas Finds Evidence of Prior Sexual Assault Was Admissible to Prove Defendant’s Modus Operandi
Federal Rule of Evidence 413(a) provides that
In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on
Court of Appeals of Mississippi Finds Ineffective Assistance of Counsel in Failing to Introduce Alleged Suicide Note in Homicide Prosecution
Pursuant to the Supreme Court’s opinion in Strickland v. Washington, 466 U.S. 668 (1984), a defendant will succeed on a claim of ineffective assistance of counsel based on proof of (1) deficient performance; and (2) prejudice (i.e., the reasonable
Ninth Circuit Finds Facebook Records Referring to Defendant’s Drug Dealer Moniker, “Ghost,” Were Properly Authenticated
A divisive topic that has emerged over the past decade or so is the question of how parties can authenticate social media evidence. That latest example can be found in the recent opinion of the Ninth Circuit in United States
Court of Appeals of North Carolina Finds Sister Properly Identified Brother’s Voice on Butt-Dial Voicemail Despite Dispute on Length of Voicemail
Similar to its federal counterpart, North Carolina Rule of Evidence 901(b)(5) allows for “[i]dentification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under
Fifth Circuit Finds Evidence That One of Defendants Attorneys Slept During His Capital Murder Trial Insufficient to Prove Ineffective Assistance of Counsel
It’s often said that the ineffective assistance of counsel test is so tough to satisfy that even evidence that a defendant’s attorney slept during trial is insufficient to satisfy the standard. The latest example is Alvarez v. Guerrero, 2025