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Evidence

915 published works

  1. 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…

  2. California Employment Law

    Wikipedia: Not so much.

    By Fox Rothschild

    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…

  3. 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…

  4. 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…

  5. 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…

  6. 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of Evidence 410 provides in relevant part thatEvidence of a plea of guilty or admission of the charge which was later withdrawn, or a…

  7. 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…

  8. 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…

  9. 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…

  10. Sentencing Law and Policy

    Notable Eleventh Circuit ruling on a new media criminal justice issue

    By Douglas Berman

    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…