Topic
Evidence
915 published works
EvidenceProf Blog
Rescue 911: Court Of Appeals Of Indiana Finds Caller’s Testimony Sufficient To Authenticate 911 Recording
By Colin Miller
Like its federal counterpart, Indiana Rule of Evidence 901(a) provides thatThe requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding…
California Employment Law
Wikipedia: Not so much.
We love to cite to the "internets." It's easy. It's fast. And it saves paper. But be careful. In Crispin v. Christian Audigier, Inc., 2010 U.S. Dist. LEXIS 52832, 28-31…
EvidenceProf Blog
It’s My Space, That’s Why They Call It MySpace, Take 5: Maryland Court Applies Rule 901(b)(4) To Resolve MySpace Authentication Issue
By Colin Miller
A defendant is charged with second degree murder, first degree assault, and use of a handgun in the commission of a felony or crime of violence. At the defendant's first…
Nashville Criminal Law Report
Nashville DUI Evidence
By Rob McKinney
[embed]http://www.youtube.com/v/Kvw7BonehPI&hl=en_US&fs=1&[/embed] The Metro Nashville Davidson County Police Department has created a DUI testing report.The video in this segment is a discussion on the observation of the suspect. .One key component of the case is…
EvidenceProf Blog
Getting (Un)Lucky In Kentucky: Court Of Appeals of Kentucky Finds Trial Court Used Incorrect Standard For Rule 609(b) Impeachment
By Colin Miller
Like its federal counterpart, Kentucky Rule of Evidence 609(b) provides thatEvidence of a conviction under this rule is not admissible if a period of more than ten (10) years has elapsed since…
EvidenceProf Blog
You Have My Letter: Supreme Court Of Indiana Finds Letter Written To Victim Improperly Admitted Against Defendant Under Rule 410
By Colin Miller
Somewhat similar to its federal counterpart, Indiana Rule of Evidence 410 provides in relevant part thatEvidence of a plea of guilty or admission of the charge which was later withdrawn, or a…
EvidenceProf Blog
Benefit Of The Bargain: New Jersey Appellate Court Finds Improper Admission Of Plea Bargaining Statements Was Not Harmless Error
By Colin Miller
Like its federal counterpart, New Jersey Rule of Evidence 410 provides thatExcept as otherwise provided in this rule, evidence of a plea of guilty which was later withdrawn, of any statement…
Drug & Device Law
Guest Post – Discovering Plaintiff Mental Health Evidence
By Bexis
What follows is a guest post from Dan Cummins, of Foley, Cognetti, Comerford, Cimini & Cummins in Scranton, Pennsylvania. His Tort Talk Blog is rapidly becoming required reading for Pennsylvania…
EvidenceProf Blog
No Foundation: Seventh Circuit Opinion Reveals Lack Of Need To “Lay A Foundation” In American Evidence Law
By Colin Miller
When I reach the authentication portion of my Evidence classes, students usually ask whether authenticating a piece of evidence is the same thing as laying a proper foundation for its…
Sentencing Law and Policy
Notable Eleventh Circuit ruling on a new media criminal justice issue
Main May 10, 2010Notable Eleventh Circuit ruling on a new media criminal justice issue Though not principally a sentencing case, a new opinion today from the Eleventh Circuit addresses a…