Topic
Evidence
915 published works
EvidenceProf Blog
Book ‘Em Danno: First Circuit Finds That Booking Sheet Is Not Covered By Law Enforcement Exception In Rule 803(8)(B)
By Colin Miller
Federal Rule of Evidence 803(8) provides an exception to the rule against hearsay forRecords, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A)…
LawSites
2010 Edition of Mass. Evidence Guide Now Online
The Supreme Judicial Court has posted the 2010 edition of the Massachusetts Guide to Evidence. In the absence of formal rules of evidence in Mass., this is the closest the…
Sentencing Law and Policy
“Suspect plays ‘Dating Game’ video in murder trial”
Main February 15, 2010"Suspect plays ‘Dating Game’ video in murder trial" The title of this post is the headline of this new AP article that seems to be a fitting…
Drug & Device Law
Recall as Subsequent Remedial Measure
By Bexis
We covered the topic of product recalls being excludable as subsequent remedial measures in some detail in our Total Recall post, including a list of all the cases we were…
EvidenceProf Blog
Program on Understanding Law, Sciene & Evidence (PULSE) Symposium @ UCLA School of Law, February 18, 2010, 9:00 a.m.-6:00 p.m.
By Colin Miller
Inaugural Symposium: Forensic Science A Blueprint for the FutureFeb 18th, Thursday, 9 - 6 p.m. (public panels) | UCLA School of LawFor more information and to register please go to…
Family Law Prof Blog
Evidentiary Issues in IL Domestic Violence Cases
By Family Law
The Illinois Court of Appeals recently affirmed that section 115-7.4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West. Supp. 2007)), which permits prior acts of…
EvidenceProf Blog
Don’t You Be Intimidated: Supreme Court Of New Hampshire Fails To Find Witness Intimidation Is Per Se A Crime Of Dishonesty Or False Statement Under Rule 609(a)(2)
By Colin Miller
Like its federal counterpart, New Hampshire Rule of Evidence 609(a)(2) provides that For the purpose of attacking the character for truthfulness of a witness...evidence that any witness has been convicted of a crime…
Patents Post-Grant
Attacking Patent Holder Declaration Evidence via Reexamination
It is well established that patent reexamination is limited in scope, by statutory definition, to unpatentability issues presented by patents and printed publications. In other words, invalidity and/or unenforceability issues…
EvidenceProf Blog
Bless Me Father: Court Of Appeals Of Mississippi Seemingly Errs In Finding Priest-Penitent Privilege Applied To Conversation In Church Hallway
By Colin Miller
Mississippi Rule of Evidence 505(b), Mississippi's priest-penitent privilege, indicates thatA person has a privilege to refuse to disclose and prevent another from disclosing a confidential communication by the person to a…
EvidenceProf Blog
Incomplete Ruling: Third Circuit Opinion Implies That Violations Of Rule 106 Can Never Lead To A Reversal On Appeal
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…