Topic
Evidence
916 published works
EvidenceProf Blog
One Mississippi: Court Of Appeals Of Mississippi Applies Ridiculous Exception To Rule 404(b) In Child Molestation Case
By Colin Miller
Like its federal counterpart, Mississippi Rule of Evidence 404(b) provides thatEvidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he…
EvidenceProf Blog
Can I Get A Summary?: 1st Circuit Finds No Obligation To Produce Summaries Before Trial Under Rule 1006
By Colin Miller
Federal Rule of Evidence 1006 provides thatThe contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary,…
EvidenceProf Blog
The Number 23: Eastern District Of Virginia Finds 23 Year-Old Conviction Admissible To Impeach Plaintiff
By Colin Miller
Federal Rule of Evidence 609(b) provides thatEvidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the…
EvidenceProf Blog
That’s Ancient History: Court Of Appeals Of Kentucky Finds Old Newspaper Articles Admissible As Ancient Documents
By Colin Miller
Like its federal counterpart, Kentucky Rule of Evidence 803(16) provides an exception to the rule against hearsay for Statements in a document in existence twenty (20) years or more the authenticity of…
EvidenceProf Blog
Disinterested: Supreme Court Of New Hampshire Finds Hearsay Error Of Trial Court Harmless In Murder Appeal
By Colin Miller
Similar to its its federal counterpart, New Hampshire Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for A statement which was at the time of its making…
Best Practices Construction Law
90% of Construction Disputes Are Fact-Driven
Thanks for all inquiries and well wishes for our family. Yesterday, my wife was released from the hospital after a prolonged two-week stay. She has been ordered on bed rest…
EvidenceProf Blog
To Summarize: 10th Circuit Notes That Rule 1006 Doesn’t Provide An Exception To Rule Against Hearsay
By Colin Miller
Federal Rule of Evidence 1006 provides thatThe contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary,…
EvidenceProf Blog
In The Habit?: Central District Of Illinois Deems Safety Rating Evidence Admissible As Habit Evidence
By Colin Miller
Federal Rule of Evidence 406 provides thatEvidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of…
Sentencing Law and Policy
“Do Exclusionary Rules Convict the Innocent?”
Main September 5, 2011"Do Exclusionary Rules Convict the Innocent?"The title of this post is the title of this notable paper from Professors Dhammika Dharmapala, Nuno Garoupa and Richard McAdams, which…
EvidenceProf Blog
3 For 1: Supreme Court Of South Carolina Opinion Addresses 3 Important Evidentiary Issues, Including 2 Errors
By Colin Miller
South Carolina Rule of Evidence 106, the "rule of completeness," provides thatWhen a writing, or recorded statement, or part thereof is introduced by a party, an adverse party may require the…