Topic

Evidence

916 published works

EvidenceProf Blog March 31, 2011
Jurors Behaving Badly: Supreme Court Of Louisiana Addresses Odd Claim Of Jury Misconduct
By Colin Miller
Similar to its federal counterpart, Louisiana 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…
EvidenceProf Blog March 26, 2011
Upon Request: D.C. Court Of Appeals Notes Request Required For Rule 615 Sequestration
By Colin Miller
Federal Rule of Evidence 615 provides thatAt the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may…
EvidenceProf Blog March 16, 2011
The Mystery Of The Quotient: Court Of Appeals Of Tennessee Reverses Jury’s Quotient Verdict
By Colin Miller
Federal 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 statement occurring during the…
Drug & Device Law March 7, 2011
An Earful on Rule 702
By Stephen McConnell
We often encounter cases where the lawyers or judges do things that are mysterious, disappointing, or just plain crazy. And the temptation is there to poke fun or criticize. But…
EvidenceProf Blog March 6, 2011
I Want The Truth: 8th Circuit Opinion Notes That Rule 608(b) Only Covers Instances Of (Un)Trustworthiness
By Colin Miller
Federal Rule of Evidence 608(b) provides thatSpecific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime…
EvidenceProf Blog March 4, 2011
About Schmitt: Court Of Appeals Of Iowa Finds Proper Foundation Was Laid For Admission Of Learned Treatise
By Colin Miller
Like its federal counterpart, Iowa Rule of Evidence 5.803(18) provides an exception to the rule against hearsayTo the extent called to the attention of an expert witness upon cross-examination or…
Sentencing Law and Policy February 28, 2011
SCOTUS limits reach of confrontation clause inMichigan v. Bryant
By Douglas Berman
Main February 28, 2011SCOTUS limits reach of confrontation clause in Michigan v. BryantBecause the Sixth Amendment's Confrontation Clause has been held not to apply at sentencing, today's SCOTUS ruling about…
EvidenceProf Blog February 25, 2011
Without Limits: Court Of Appeals Of Indiana Finds No Problem With Limiting Instruction Given Before Introduction Of Evidence
By Colin Miller
Like its federal counterpart, Indiana Rule of Evidence 105 provides thatWhen evidence which is admissible as to one party or for one purpose but not admissible as to another party or…
EvidenceProf Blog February 23, 2011
Take Good Care Of My Baby: Court Of Appeals Of Kentucky Deems Will Related Statements Inadmissible Under Rule 803(3)
By Colin Miller
Like its federal counterpart, Kentucky Rule of Evidence 803(3) provides an exception to the rule against hearsay for A statement of the declarant's then existing state of mind, emotion, sensation, or physical…
Legal Profession Blog February 18, 2011
Smell Of Alcohol On Attorney’s Breath Inadmissible Absent Evidence of Impairment
By Michael Frisch
The Iowa Supreme Court agreed with its Court of Appeals that a trial court committed error when it permitted the plaintiff in a legal malpractice case to introduce evidence that…