Topic
Evidence
916 published works
EvidenceProf Blog
Free Your Mind: 9th Circuit Finds Harmless Error In Connection With Expert Hypos In Aryan Brotherhood Appeal
By Colin Miller
It is well established that experts may be asked hypothetical questions on cross-examination, but such questions "must not require the expert to assume facts that are not in evidence." United…
Ohio Appellate Insights
Ohio Supreme Court Preview: Confrontation Clause Issues
Beginning in 2004, in Crawford v. Washington, the U.S. Supreme Court has written a series of very muscular decisions about the Confrontation Clause. Justice Scalia has been the leader of…
EvidenceProf Blog
Guilt By Association?: Court Of Appeals Of Minnesota Finds Possibly Erroneous Admission Of Guilty Plea To Be Harmless
By Colin Miller
Let's say that a defendant is charged with murder and assault based upon allegedly having another man punch a woman he had impregnated. And let's say that the other man…
EvidenceProf Blog
Tell Me Lies; NJ Case Reveals Differences Between New Jersey & Federal Rule Of Evidence 608(b)
By Colin Miller
Federal Rule of Evidence 608(a) provides thatThe credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1)…
Sentencing Law and Policy
Continued controversy over defendant gettting jailhouse access to kiddie porn he created
Main August 1, 2011Continued controversy over defendant gettting jailhouse access to kiddie porn he createdRegular readers may recall this post last month discussing an interesting local criminal procedure story out…
EvidenceProf Blog
Say Cheese: Tenth Circuit Finds Subsequent Remedial Measure Evidence Properly Excluded For Irrelevance
By Colin Miller
Federal Rule of Evidence 407 provides thatWhen, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm…
EvidenceProf Blog
Call The Police: Eastern District Of Pennsylvania Finds Testimony From Police Expert Inadmissible Under Rule 704(a)
By Colin Miller
Federal Rule of Evidence 704(a) states thatExcept as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate…
EvidenceProf Blog
Total Recall: 7th Circuit Finds No Problem With Introducing Prior ID After Declarant Testifies
By Colin Miller
Federal Rule of Evidence 801(d)(1)(C) provides thatA statement is not hearsay if...[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is...one…
Sentencing Law and Policy
Did Casey Anthony prosecutors violateBradyby intentionally withholding favorable evidence?
Main July 20, 2011Did Casey Anthony prosecutors violate Brady by intentionally withholding favorable evidence?The question in the title of this post is prompted by this recent New York Times article,…
EvidenceProf Blog
“That’s What Insurance Is For”: Court Of Appeals Of Minnesota Finds Malpractice Insurance Evidence Properly Admitted
By Colin Miller
Like its federal counterpart, Minnesota Rule of Evidence 411 provides thatEvidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted…