Topic
Evidence
914 published works
Legal Writing Prof Blog
the admissibility of Wikipedia
By legalwriting
Wikipedia Too Malleable to Be Reliable EvidenceBy Mary Pat GallagherNew Jersey Law JournalApril 22, 2009A New Jersey judge who allowed a lawyer to plug an evidentiary gap with a Wikipedia page…
EvidenceProf Blog
(Dys)Functional Equivalent?: Ninth Circuit Finds No Exception To Confidential Marital Communications Privilege For Grandchild Victim
By Colin Miller
The confidential marital communications privilege protects from disclosure private communications between spouses; however, there is an exception to the privilege for statements relating to a crime where a child of…
EvidenceProf Blog
Waiting For The Verdict?: Supreme Court of Texas Precludes Jury Impeachment Even In The Absence Of A Verdict
By Colin Miller
Under Texas' version of the anti-jury impeachment rule, Texas Rule of Evidence 606(b),Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any…
EvidenceProf Blog
Confrontation Invitation: Court Of Appeals Of Ohio Finds Invited Error In Response To Confrontation Clause Appeal
By Colin Miller
The recent opinion of the Court of Appeals of Ohio, Ninth District in State v. Moorer, 2009 WL 818945 (Ohio App. 9 Dist. 2009), is an interesting opinion that involves…
EvidenceProf Blog
Curiosity Killed The Jury?: New York Times Story Addresses The “Google Mistrial”
By Colin Miller
On March 8th, I posted an entry about an appeal in which the Eleventh Circuit refused to allow jurors to impeach their verdicts through allegations that "jurors allegedly exchang[ed] e-mails both…
Reverse & Render
TRCP 193.6 Strikes Again
By Byron Henry
The Houston Court of Appeals (14th) recently held that a party may not avoid exclusion of an undisclosed expert by simply calling the witness to rebut previous testimony. Appellee failed…
British Columbia Insurance Blog
Independent medical examinations and surveillance obtained in one action cannot be disclosed in a different action without a court order.
The Plaintiff, Kitchenham, was successful in her action against her insurer who tried to compel the production of an IME report and video taped surveillance of her that was obtained…
EvidenceProf Blog
Don’t Have A Cow: Virginia Judge Excludes Double Hearsay Testimony In Trial Of Animal-Control Officer
By Colin Miller
Last May, Virginia animal-control officer Garland Nester went to kill an errant cow but killed a farmer instead. And now, pursuant to a (correct) ruling by the judge in the…
EvidenceProf Blog
The Sense Of The Past: Third Circuit Corrects Worst Present Sense Impression Ruling I Have Ever Seen
By Colin Miller
The recent opinion of the Third Circuit in United States v Green, 2009 WL 385423 (3rd Cir. 2009), corrects the worst misapplication of the present sense impression to the rule…
EvidenceProf Blog
Withdrawal Symptoms: Eighth Circuit Opinion Raises Question Of Whether Moving To Withdraw A Guilty Plea Braches A Plea Agreement
By Colin Miller
The recent opinion of the Eighth Circuit in United States v. Quiroga, raises, but does not answer, a fascinating evidentiary issue: Does moving to withdraw a guilty plea breach a…