Topic
Evidence
916 published works
Personal Injury Law Journal
Evidence Means Many Things in the Law
There are a multitude of types of evidence: statements by parties, evidence via experts in a particular field, and demonstrative evidence, among many others. Demonstrative evidence is often key to…
It's No-Fault of NY
How do you spell "Pyrrhic victory"?
By daminj-toellesq-nynofaultlaw-blogspot-com
A new post. It's only been like a year and a half. Anyway, there's a new Appellate Division case you should read.Matter of Carothers v GEICO Indem. Co., __ A.D.…
EvidenceProf Blog
Play It Again: Court Of Appeals Of Texas Finds No Problem With Admission Of Translation After Playing Of Spanish Confession
By Colin Miller
Texas Rule of Evidence 1009(a) provides thatA translation of foreign language documents shall be admissible upon the affidavit of a qualified translator setting forth the qualifications of the translator and certifying…
EvidenceProf Blog
Trust Me: Eighth Circuit Finds EPA Report Inadmissible Because Of Disclaimer
By Colin Miller
Federal Rule of Evidence 703 provides thatThe facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known…
Personal Injury Law Journal
Evidence Means Many Things in the Law
There are a multitude of types of evidence: statements by parties, evidence via experts in a particular field, and demonstrative evidence, among many others. Demonstrative evidence is often key to…
EvidenceProf Blog
Unspecified Error: Court Of Appeals Of Minnesota Notes Problems With Unspecified Conviction Impeachment
By Colin Miller
Like its federal counterpart, Minnesota Rule of Evidence 609(a)(1) provides thatFor the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall…
EvidenceProf Blog
A Bit Presumptuous: Sixth Circuit Finds Undisclosed 15 Year Old Convictions Didn’t Violate Brady
By Colin Miller
Pursuant to the Supreme Court's opinion in Brady v. Maryland, 373 U.S. 83 (1963), a new trial is warranted when the prosecution fails to timely disclose to the defendant material…
Drug & Device Law
More on E-Discovery for Defendants
By Bexis
Folks, before asking for it, make sure you can articulate how discovery into the plaintiff's use of social networking sites is "reasonably calculated to lead to the discovery of admissible…
EvidenceProf Blog
I’m Incomplete: Second Circuit Finds Exculpatory Statement To Police Inadmissible Under Rule Of Completeness
By Colin Miller
Federal 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 introduction…
EvidenceProf Blog
It’s History: DDC Deems “Gangland” TV Episode From History Channel Inadmissible In Murder Prosecution On Rule 403 Grounds
By Colin Miller
A defendant is on trial for murder. That murder is the subject of an episode of the television show "Gangland" on the History Channel. The show intermingles photographs of the victim with footage…