Topic
Evidence
916 published works
EvidenceProf Blog
“The Wharton Brand”: Eastern District Of Pennsylvania Finds Subsequent Remedial Measures Rule Applies To Breach Of Contract Actions In Action Against Penn
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
Avoiding A Confrontation?: Does The Bruton Doctrine Cover Nontestimonial Hearsay After Crawford?
By Colin Miller
In Bruton v. United States, 391 U.S. 123 (1968), the Supreme Court held that, at a joint trial, a defendant's Sixth Amendment right of confrontation is violated by admitting the confession of…
EvidenceProf Blog
Arm Of The Judiciary: New Jersey Appellate Court Finds Judge’s Clarification About Translations Didn’t Violate Rule 605
By Colin Miller
A defendant is charged with armed robbery and related offenses. At trial, a Spanish speaking employee of the store that the defendant allegedly robbed testified through two interpreters that the defendant robbed…
EvidenceProf Blog
Ten Years Have Got Behind You: Court Of Appeals Of Ohio Admits 14 Year-Old Assault Conviction Under Rule 609(B)
By Colin Miller
Like its federal counterpart, Ohio 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…
EvidenceProf Blog
Return To Sender: Ninth Circuit Finds Western Union Check Payable To Defendant Qualified As Co-Conspirator Admission
By Colin Miller
Federal Rule of Evidence 801(d)(2)(E) provides thatA statement is not hearsay if...[t]he statement is offered against a party and is...a statement by a coconspirator of a party during the course and…
EvidenceProf Blog
Empty Formalism Is A Vacuum To Be Abhorred: Eighth Circuit Notes That Parties Don’t Need To Renew Objections To Definitive In Limine Rulings
By Colin Miller
A party files a motion in limine seeking to have certain evidence deemed admissible at trial. The court makes a formal ruling deeming the evidence inadmissible at trial. The party…
EvidenceProf Blog
Youthful Indiscretions: Court Of Appeals Of Washington Finds Juvenile Adjudications Inadmissible To Impeach Prosecution Witness
By Colin Miller
Like its federal counterpart, Washington Rule of Evidence 609 provides thatEvidence of juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence…
EvidenceProf Blog
Lie To Me: Court Of Appeals Of Arkansas Finds Trial Court Erred In Prior Inconsistent Statement Ruling
By Colin Miller
Like its federal counterpart, Arkansas Rule of Evidence 613 sets forth the procedure for admitting prior inconsistent statements for impeachment purposes. It provides that(a) Examining Witness Concerning Prior Statement. In examining…
EvidenceProf Blog
Gasping At Straws: Fourth Circuit Finds Rule 606(b) Doesn’t Cover Party’s Observation Of Jury’s Reaction To Evidence
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…
EvidenceProf Blog
Changing Minds: Eighth Circuit Opinion Reveals That Arkansas Courts Admit Insurance-Related Statements Under Rule 803(3)
By Colin Miller
Like its federal counterpart, Arkansas Rule of Evidence 803(3) provides an exception to the rule against hearsay forA statement of the declarant's then existing state of mind, emotion, sensation, or physical…