Topic
Evidence
915 published works
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…
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…
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…
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…
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…
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…
TortsProf Blog
Iowa Supreme Court on Subsequent Remedial Measures
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…
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…
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…
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…