Topic
Evidence
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Ohio Appellate Insights
What’s on Their Minds: More Medical Negligence Fundamentals. Moretz v. Muakkassa.
Update: On October 24, 2013, the Supreme Court handed down a merit decision in this case. Read the analysis here. On April 9, 2013, the Supreme Court of Ohio heard…
Drug & Device Law
A Decent Rule 702 Decision: Expert Can’t Give Legal Conclusions or Claim That He Knows What the Company Was Thinking
In one sense, the decision in Sadler v. Advanced Bionics, LLC, 2013 U.S. Dist. LEXIS 47964, (W.D. Ky. Apr. 3, 2013), is a mixed bag (we said that last week about…
EvidenceProf Blog
Dying Declarations?: Should Courts Apply a Rule 403 Analysis to Questionable Hearsay Exceptions?
By Colin Miller
Similar to its federal counterpart, New Jersey Rule of Evidence 804(b)(2) provides an exception to the rule against hearsayIn a criminal proceeding, [for] a statement made by a victim unavailable as a…
EvidenceProf Blog
Am I Right?: Eastern District of Michigan Finds Rule 410 Doesn’t Contain a Constitutionally Protected Right
By Colin Miller
Federal Rule of Evidence 410 states:(a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the…
The Appellate Strategist
When “Undisputed” Evidence Is Not “Conclusive” Evidence
By Vance Wittie
The Texas Supreme Court’s opinion in Natural Gas Pipeline Company of America v. Justiss highlights a subtle but important point regarding the way appellate courts treat undisputed facts. The case…
EvidenceProf Blog
What Kind of Crime? Utah Court Finds Possession of Child Pornography Not Child Molestation Under Rule 414
By Colin Miller
As noted in yesterday's post, Federal Rule of Evidence 414(a),In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed…
EvidenceProf Blog
Back in the Habit: Eastern District of Arkansas Finds School Disciplinary Records Inadmissible as Habit Evidence
By Colin Miller
Federal Rule of Evidence 404(b)(1) provides thatEvidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion…
Ohio Appellate Insights
Merit Decision. Proper Use of “Other Acts” Evidence in Sex Offenses. State v. Williams.
On December 6, 2012, the Supreme Court handed down a merit decision in State v. Williams, 2012-Ohio-5695. In a 6-1 decision written by Justice O’Donnell, in which Justice Lanzinger concurred…
EvidenceProf Blog
Until My Dying Day: Dying Declarations & Counter-Factual Analysis
By Colin Miller
In yesterday's post, I gave the following hypothetical:Dan robs Vince, with William witnessing the crime. Vince goes to the police and tells them that Dan robbed him. Dan is arrested…
EvidenceProf Blog
No Pregnant Pause: Illinois Court Rejects Defendant’s Attempt To Analogize Home Pregnancy Tests To Polygraph Tests
By Colin Miller
As I noted in my post on Tuesday, in most jurisdictions, polygraph evidence is per se inadmissible. The conventional wisdom is that polygraph results are a lot less reliable than people, including jurors,…