Topic
Evidence
916 published works
EvidenceProf Blog
Self Preservation Instinct: Washington Court Finds Luce Doctrine Applies To Rule 404(b) Evidence
By Colin Miller
In its opinion in Luce v. United States, 469 U.S. 38 (1984), the Supreme Court held that if a trial court determines that the prosecution will be able to impeach a defendant…
EvidenceProf Blog
Not A Helping Hand: DDC Refuses To Appoint Expert To Help Party Under Rule 706(a)
By Colin Miller
Federal Rule of Evidence 706(a) provides thatThe court may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not…
EvidenceProf Blog
I Am Number Four: 10th Circuit Becomes 4th Federal Appellate Court To Approve Of Case-In-Chief Waivers
By Colin Miller
Federal Rule of Evidence 410 states in relevant part thatExcept as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the…
LawSites
New Blog Tracks Legal Developments under Daubert
In a post here recently, I mourned the death of Peter Nordberg, creator of the website Daubert on the Web and of the related blog, Blog 702, both devoted to the Supreme Court’s…
Nashville Criminal Law Report
Evidence in Reckless Endangerment Cases
By Rob McKinney
Recently ,we had a comment posted on Nashville Criminal Law Report on whether a phone call was enough evidence to support a charge of reckless endangerment in Tennessee.It depends. One element…
EvidenceProf Blog
I Need A Remedy: DDC Precludes Evidence Of E-Mail Referencing Subsequent Remedial Measure After Traffic Death
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…
Sentencing Law and Policy
Hard sentence makes bad(?) sufficiency law in child porn downloading case from Tenth Circuit
Main January 5, 2011Hard sentence makes bad(?) sufficiency law in child porn downloading case from Tenth Circuit"Hard cases make bad law" is an old legal adage that I have paraphrased…
Legal Writing Prof Blog
Narrative Implications of Evidentiary Rules
Bruce Ching (Valparaiso University Law School) has a new paper on SSRN called "Narrative Implications of Evidentiary Rules." You can download a copy by clicking here. Here's the abstract:Narrative coherence (the context…
EvidenceProf Blog
Brother To Brother: First Circuit Finds Private Confession To Brother Not Admissible Under Rule 804(b)(3)
By Colin Miller
Federal Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay forA statement that:(A) a reasonable person in the declarant’s position would have made only if the person believed…
EvidenceProf Blog
Battle Of The Transcripts: Eleventh Circuit Finds No Problem With Circumscription Of Paralegal Transcriptionist’s Testimony
By Colin Miller
It's common at trial to have the so-called "battle of the experts," in which the prosecution's expert might claim that there were defensive wounds on the victim's body while the…