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Evidence

915 published works

  1. EvidenceProf Blog

    Now (Un)Available: Court Of Appeals Of Ohio Finds Appellant Failed To Prove Declarant Unavailability In Bank Robbery Appeal

    By Colin Miller

    Like its federal counterpart, Ohio Rule of Evidence 804(B)(3) provides an exception to the rule against hearsay forA statement that was at the time of its making so far contrary to the declarant's…

  2. Virginia Family Law Journal

    Husband Charged With Maliciously Wounding Wife Could Not Object to Evidence He Offered Into Evidence.

    By Rob Hagy

    In the case of Salahmand v. Commonwealth of Virginia, the Defendant, a husband, waived his right to challenge the admissibility of the criminal complaint as substantive evidence against him where he offered…

  3. Labor Law Prof Blog

    Social Framework Evidence

    By Workplace Prof

    We posted earlier on Melissa Hart's (Colorado) and Paul Secunda's (Marquette) recent defense of social framework evidence in employment cases.  Their article was a response to an earlier article criticizing…

  4. EvidenceProf Blog

    No Collateral: Tenth Circuit Finds Extrinsic Evidence Of Child Abuse Was Properly Admitted In International Parental Kidnapping Appeal

    By Colin Miller

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

  5. EvidenceProf Blog

    A Matter Of Credibility?: New Hampshire Case Involves Important Impeachment, Rape Shield Issues

    By Colin Miller

    An upcoming sexual assault trial provides a good illustration of the rape shield rule and a couple of rules of evidence dealing with the impeachment of witnesses. Hai Phuoc Tran, the…

  6. EvidenceProf Blog

    The “Phantom Expert Witness” And The Confrontation Clause

    By Colin Miller

    Let's say that a defendant is on trial for arson. A key part of the prosecution's case is going to be its evidence that the defendant used gasoline or some other…

  7. EvidenceProf Blog

    Chicken Little Or Canary In The Coal Mine, Take 2: Professor Friedman’s Initial Reaction To Melendez-Diaz

    By Colin Miller

    Professor Richard Friedman over at The Confrontation Blog has a typically great post setting forth his initial reaction to Melendez-Diaz. I recommend that readers check it out as well as his upcoming post which…

  8. EvidenceProf Blog

    The Harmless Conspiracy: Court Finds Harmless Error Despite Improperly Admitted Co-Conspirator Admission

    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…

  9. Truck Injury Lawyer Blog

    Swift Transportation has Reason to Destroy Evidence in Trucking Cases

    By Morgan Adams

    Swift DUI Driver Spoliation

  10. Drug & Device Law

    Blast From the Past – A Baycol Affirmance

    By Bexis

    Last Friday, the Pennsylvania Superior Court (an intermediate appellate court in Pennsylvania) issued a long awaited (some three years long) decision in the Baycol case, Pauley v. Bayer. We've been…