Topic

Evidence

916 published works

EvidenceProf Blog March 19, 2012
Cherry Picking: Court Of Appeals Of Minnesota Finds Harmless Error Despite Rule 704 Violation
By Colin Miller
Minnesota Rule of Evidence 704 provides thatTestimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the…
Illinois Workers Compensation Law Blog March 7, 2012
IL work comp law: Don’t be a recording artist
By Mike Helfand
Here’s some free, helpful advice for anyone who has been injured on the job. If you get hurt, you are supposed to notify your employer within 45 days about the…
EvidenceProf Blog February 26, 2012
Believe In Me: Court Of Appeals Of Indiana Finds Fundamental Error With Expert Witness Vouching
By Colin Miller
Indiana Rule of Evidence 704(b) provides thatWitnesses may not testify to opinions concerning intent, guilt, or innocence in a criminal case; the truth or falsity of allegations; whether a witness has…
Illinois Workers Compensation Law Blog February 22, 2012
Autopsies after fatal work injuries
By Mike Helfand
The main reason for performing an autopsy after a fatality on the job is to help prove that the job caused the death. If the cause of death isn’t certain,…
EvidenceProf Blog February 15, 2012
Impeachable Offenses: District Of Colorado Addresses Admissibility Of Several Convictions
By Colin Miller
Federal Rule of Evidence 609(a) provides thatThe following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:(1) for a crime that, in the convicting jurisdiction, was…
EvidenceProf Blog February 7, 2012
Parental Warning: Court Of Criminal Appeals Of Tennessee Finds Parents’ Statements Not Covered Under Rule 803(4)
By Colin Miller
Like its federal counterpart, Tennessee Rule of Evidence 803(4) provides an exception to the rule against hearsay for Statements made for purposes of medical diagnosis and treatment describing medical history; past or…
EvidenceProf Blog February 3, 2012
(Attempted) Murder Was The Case: Court Of Appeals Of Iowa Finds No Error In Impeachment Of Defense Witness
By Colin Miller
Similar to its federal counterpart, Iowa Rule of Evidence 5.609(a)(1) provides thatEvidence that a witness other than the accused has been convicted of a crime shall be admitted, subject to rule 5.403,…
Nashville Criminal Law Report February 1, 2012
Is the Smell of Alcohol Enough Evidence in a DUI Case ?
By Rob McKinney
Most DUI arrest warrants in Tennessee have somewhere in the affidavit that the police officer smelled alcohol . The question is whether the smell of alcohol enough to make a…
Civil Procedure & Federal Courts Blog February 1, 2012
Clermont on Standards of Proof
By Civil Procedure & Federal Courts Blog
Kevin Clermont (Cornell Law School) has posted Death of a Paradox: Perpetrated By Understanding the Standards of Proof to SSRN.Abstract: Modern versions of logic — in particular, fuzzy logic and belief…
EvidenceProf Blog January 7, 2012
Crossed Up: Supreme Court Of Montana Finds Trial Court Properly Circumscribed Character Inquiry
By Colin Miller
Like its federal counterpart, Montana Rule of Evidence 405(a) provides thatIn all cases in which evidence of character or a trait of character of a person is admissible, proof may be made…