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Evidence

915 published works

  1. EvidenceProf Blog

    The Best Of Everything, Take 2: Federal Public Defender Files Petition For Writ Of Certiorari With Supreme Court In Best Evidence Case

    By Colin Miller

    Back in June, I posted an entry about the Fourth Circuit's recent opinion in United States v. Smith, 2009 WL 1452045 (4th Cir. 2009). In Smith, Cordell Smith was convicted of possessing with intent to distribute…

  2. EvidenceProf Blog

    Hardwood, Hard Coaching: Sixth Circuit Finds Evidence Covered By Rule 407 In Corporal Punishment Appeal

    By Colin Miller

    Federal Rule of Evidence 407 provides that:When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm…

  3. EvidenceProf Blog

    Turkey Of An Opinion: Court Precludes Jury Impeachment Despite Foreperson Blocking Door To Prevent Juror From Reporting “Not Guilty” Vote In Thanksgiving Related Case

    By Colin Miller

    Federal Rule of Evidence 606(b) provides in relevant part that Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or…

  4. EvidenceProf Blog

    A Taxing Matter: Fifth Circuit Finds Exception To Confidential Marital Communications Privilege Applied In Tax Fraud Appeal

    By Colin Miller

    Federal courts recognize a confidential marital communications privilege, under which (according to most courts) a spouse can prevent a testifying spouse from testifying about confidential marital communications and/or a testifying spouse…

  5. EvidenceProf Blog

    The Character Of The Matter: Texas Opinion Reveals Limits On Character Evidence Criminal Defendants Can Present

    By Colin Miller

    Like their federal counterparts, Texas Rules of Evidence 404(a)(1)-(2) create a Pandora's box with regard to propensity character evidence and place it firmly in the hands of the criminal defendant. If the defendant…

  6. EvidenceProf Blog

    Conspiracy Theory: Second Circuit Reverses Alien Trafficking Convictions Based In Part On Improperly Admitted Co-Conspirator Admissions

    By Colin Miller

    Federal Rule of Evidence 801(d)(2)(E) provides that "[a] 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…

  7. TortsProf Blog

    Iowa Supreme Court on Subsequent Remedial Measures

    By Christopher Robinette

    The Iowa Supreme Court recently addressed the subsequent remedial measures doctrine.  Under this evidentiary rule (adopted in Iowa and other states), evidence of subsequent remedial measures cannot be used to prove…

  8. EvidenceProf Blog

    Picture (Im)Perfect?: Second Circuit Finds Wearing Of T-Shirts With Victim’s Photograph Not Inherently Prejudicial In Murder Appeal

    By Colin Miller

    A defendant is on trial for murdering a victim. During trial, the victim's relatives wear t-shirts displaying the victim's photograph. If the defendant is convicted of murder, should he be…

  9. EvidenceProf Blog

    Judge As Super Witness?: Supreme Court Of Tennesse Grapples With Whether And When Judges Should Be Able To Testify

    By Colin Miller

    Like its federal counterpart, Tennessee Rule of Evidence 605 provides that "[t]he judge or chancellor presiding at the trial may not testify in that trial. No objection need be made…

  10. EvidenceProf Blog

    Liar, Liar: Court Of Appeals Of Texas Opinion Reveals Impairment/Disability Impeachment Exception

    By Colin Miller

    In relevant part, Federal Rule of Evidence 608(b) provides thatSpecific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of…