Topic
Evidence
916 published works
EvidenceProf Blog
Taking Exception: Is Evidence Of Prior Oral Sex By 15 Year-Old Victim Admissible In Prosecution Of 38 Year-Old?
By Colin Miller
A 38 year-old defendant is charged with four counts of sexual conduct with a minor, and it is undisputed that he engaged in four acts of oral sexual intercourse with the victim,…
EvidenceProf Blog
E Tu, Bruton?: Supreme Court Of Nevada Finds Bruton Doctrine Doesn’t Cover Nontestimonial Hearsay
By Colin Miller
The Confrontation Clause of the Sixth Amendment states thatIn all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him...Under the Bruton doctrine, the Confrontation Clause is violated,…
Civil Procedure & Federal Courts Blog
Restyled Federal Rules of Evidence effective December 1, 2011
By Civil Procedure & Federal Courts Blog
This is a bit tardy (sorry, I was grading), but the restyled Federal Rules of Evidence 101 to 1103 took effect on December 1. As with the earlier restyling of…
EvidenceProf Blog
Tax Master?: 10th Circuit Finds Lay Opinion Testimony Doesn’t Violate Rule 704(b)
By Colin Miller
Federal Rule of Evidence 704(b) provides thatIn a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or…
EvidenceProf Blog
Where There’s Smoke: Will Evidence Of Other Acts Of Child Molestation Be Admissible Against Jerry Sandusky?
By Colin Miller
An e-mail on the Evidence Professor listserv yesterday raised an interesting question: When former Penn State assistant football coach Jerry Sandusky is tried criminally and likely civilly for acts of child molestation, will…
EvidenceProf Blog
A Picture Is Worth A Thousand Words: Court Of Appeals Of Iowa Fails To Resolve Whether Facebook Photos Trigger Rape Shield Rule Analysis
By Colin Miller
Similar to its federal counterpart, Iowa Rule of Evidence 5.412a, Iowa's rape shield rule,Notwithstanding any other provision of law, in a criminal case in which a person is accused of sexual abuse,…
EvidenceProf Blog
The Areas of My Expertise: Court Of Appeals Of Texas Finds Rule 702 Objection Didn’t Preserve Rule 701 Issue
By Colin Miller
Texas Rule of Evidence 701 provides thatIf the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which…
Drug & Device Law
Guest Post – Chew on This
By Bexis
Last week we posted about the end of the Digitek MDL, and with it one of the most utterly meritless mass torts that we'd ever seen. We mentioned, very much…
Drug & Device Law
More Reasons to Discount Adverse Event Reports
A topic of repeated interest for us is how courts treat evidence of adverse event reports. And we haven’t been shy about how we feel -- AER's should not be…
EvidenceProf Blog
Terror Alert: 11th Circuit Finds Special Agent’s Testimony Navigated Fine Line, Didn’t Violate Rule 704(b)
By Colin Miller
Federal Rule of Evidence 704(b) provides thatNo expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference…