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Evidence

918 published works

  1. Ohio Appellate Insights

    Oral Argument Preview: What is the Effect of an Outstanding Arrest Warrant on Evidence Obtained from an Earlier Allegedly Unlawful Detention of the Defendant? State v. Damaad Gardner.

    By Marianna Bettman

    Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case.  Read the analysis here. Read the analysis of the oral argument in this case…

  2. Sentencing Law and Policy

    Third Circuit finds jury unduly prejudiced by seeing too much child porn

    By Douglas Berman

    Main September 18, 2012Third Circuit finds jury unduly prejudiced by seeing too much child porn A notable Third Circuit panel ruling today in US v. Cunningham, No. 10-4021 (3d Cir.…

  3. Illinois Workers Compensation Law Blog

    Surveillance is a reality in workers’ compensation cases

    By Mike Helfand

    Insurance companies hire private investigators to follow injured workers and basically try to catch them in a lie. The investigators are gathering evidence that you aren’t really injured or that…

  4. EvidenceProf Blog

    My New Essay: Bullshit!: Why the Retroactive Application of Federal Rules of Evidence 413-414 and State Counterparts Violates the Ex Post Facto Clause

    By Colin Miller

    As I noted on Sunday, what started as a blog post on the Ex Post Facto Clause and the retroactive application of Federal Rules of Evidence 413 and 414 and state counterparts. That essay, Bullshit!:…

  5. EvidenceProf Blog

    No One But The Bailiff: Is A Bailiff’s Comment That The Defendant Fired The Best Criminal Attorney In Town Prejudicial?

    By Colin Miller

    Similar to its federal counterpart, Texas Rule of Evidence 606(b) provides thatUpon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or…

  6. Tom Mighell

    Blawg of the Day – Pretrial, Trial, Appellate, and Evidence Blog

    By Tom Mighell

    The Pretrial, Trial, Appellate, and Evidence Blog is a blog that could do with a shorter name.  And a good About Me page.  And more posts!  Because what's there looks…

  7. California Litigation Blog

    Avoid Waiving Your Opposition to Evidentiary Objections.

    By Jeff Huron

    Must a party oppose written evidentiary objections? The recent decision of Tarle v. Kaiser Foundation Health Plan, Inc., 2012 WL 2529207, though not officially published, answers this question. The Court…

  8. Drug & Device Law

    N.D. Illinois Shuts Down Plaintiff Expert Shell Game

    By Stephen McConnell

    Pardon the spasm of self-pity, but throughout our legal career we have always felt as if we were on the side that faced higher standards. Not that we're complaining ……

  9. EvidenceProf Blog

    No Lie, Take 2: Supreme Court Of Vermont Declares Polygraph Evidence Per Se Inadmissible Under Rule 403

    By Colin Miller

    Previously, I have noted that polygraph test results are inadmissible in every United States jurisdiction except New Mexico barring a prior stipulation by both parties. It turns out, though, that…

  10. EvidenceProf Blog

    This Is (Not) A Recording: Court Of Appeals Of Ohio Finds Police Statement Satisfies Neither Rule 612 Nor Rule 803(5)

    By Colin Miller

    Like its federal counterpart, Ohio Rule of Evidence 612 allows an attorney to use a writing (or anything else) to refresh the recollection of a witness who once had personal knowledge so…