Topic
Evidence
915 published works
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…
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…
Labor Law Prof Blog
Social Framework Evidence
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…
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…
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…
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…
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…
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…
Truck Injury Lawyer Blog
Swift Transportation has Reason to Destroy Evidence in Trucking Cases
By Morgan Adams
Swift DUI Driver Spoliation
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…