Topic
Evidence
914 published works
EvidenceProf Blog
Cause of Death: Virginia Case Reveals That The Commonwealth Has No Criminal Counterpart To Federal Rule Of Evidence 703
By Colin Miller
Federal Rule of Evidence 703 states thatThe facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known…
EvidenceProf Blog
Resolved Conflict: Court Of Appeals Of South Carolina Notes That Statutes Trump Rules Of Evidence
By Colin Miller
South Carolina Rule of Evidence 801(d)(1)(B) provides that A statement is not hearsay if...[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the…
EvidenceProf Blog
In The Impala: Court Allows Defendant To Introduce Reverse 404(b) Evidence In Drug Possession Trial
By Colin Miller
In relevant part, Federal Rule of Evidence 404(b) provides thatEvidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in…
La Revue
Stratagème ! Stratagème !
Dans deux arrêts rendus le 18 mars 2008, la chambre sociale de la Cour de cassation rappelle aux employeurs qu'ils ne peuvent pas utiliser n'importe quels moyens pour confondre leurs…
White Collar Crime Prof Blog
Key Evidence Tossed in Wecht Case – Should it be Called Dead?
By Ellen Podgor
The case against Dr. Cyril Wecht, former coroner in Allegheny County, Pa. and former President of the American Academy of Forensic Science, a started with many counts (see here) and eventually was reduced…
EvidenceProf Blog
Into the Dawn To Montana, Take 2: House Bill 295 Dies In The Senate Judiciary
By Colin Miller
Back in February, I wrote a post about Montana House Bill 295, which would have allowed for the admission of evidence of(1) prior sexual assaults against criminal defendants charged with sexual assault,…
New Jersey Law Blog
Telephone Recordings and Emails Are Legal, and Common, In Divorce Cases
A case decided by the New Jersey Appellate Court on April 14, 2009, Brown v. Brown, reminds us of the significance of telephone recordings and emails in regards to divorce…
California Employment Law Update
“Me Too” Evidence Was Admissible In Pregnancy Discrimination Lawsuit
By Tony Oncidi
Johnson v. United Cerebral Palsy/Spastic Children’s Found., 173 Cal. App. 4th 740 (2009) Dewandra Johnson, who was employed as a counselor for this charitable foundation, alleged that she had been…
Sentencing Law and Policy
Two SCOTUS losses for criminal defendants
Main April 29, 2009Two SCOTUS losses for criminal defendants As detailed in this SCOTUSblog post, the Supreme Court handed down two opinions this morning and they are both losses for…
Sentencing Law and Policy
A post-Stevens pitch to formalize prosecutorial disclosure duties
Main April 29, 2009A post-Stevens pitch to formalize prosecutorial disclosure dutiesOver at Politico, Josh Gerstein has this fascinating report, headlined "Stevens Judge wants evidence rules changed." Here is how it…