Topic
Evidence
911 published works
Civil Procedure & Federal Courts Blog
Federal Rule of Evidence 502
By Civil Procedure & Federal Courts Blog
Over at law.com, Leonard Deutchman discusses the newly enacted Federal Rule of Evidence 502. Read the story here. -Counseller/ps
Sentencing Law and Policy
How big is the risk that victim videos are more prejudicial than probative?
Main November 30, 2008How big is the risk that victim videos are more prejudicial than probative?This article appearing yesterday in the Washington Post discusses the growing trend of using "victim…
EvidenceProf Blog
Hypothetically Speaking: Court Of Appeals Confirms Convictions Because Trial Judge Supplemented Incomplete Expert Hypothetical
By Colin Miller
The recent opinion of the Court of Appeals of Mississippi in Teston v. State, 2008 WL 4914960 (Miss.App. 2008), gives me my first opportunity on this blog to address an…
EvidenceProf Blog
Efficient Solution Or 3 Ring Circus?: Brooklyn Cop Killing Case Being Heard By 3 Revolving Juries
By Colin Miller
Last month, I wrote a post about a California trial involving two defendants with some evidence only being admissible against one defendant and other evidence only being admissible against the…
EvidenceProf Blog
Available For A Limited Time: Court Of Appeals Of Texas Finds Trial Court Made Erroneous Former Testimony Ruling
By Colin Miller
The recent opinion of the Court of Appeals of Texas in Loun v. State, 2008 WL 4937833 (Tex.App.-Texarkana 2008), provides a nice explanation of when a declarant is "available" for…
Chicago Trial Attorney Blog
Gruesome Photographs: Admissible at Trial?
At trial time, Defendants may make a motion before the Court to exclude gruesome photographs of injuries. However, simply because the photograph(s) may be gruesome and possibly cause prejudice in…
Reverse & Render
Best (Little) Evidence Rule applies only to Texas documents. Really?
Here's an interesting factoid you can make use of to amaze and astound your opposing counsel. The Best Evidence Rule, Texas Rule of Evidence 1002, applies only when the the originals…
Civil Procedure & Federal Courts Blog
Discovery and Social Networking Sites
By Civil Procedure & Federal Courts Blog
Over at Law.com, Ronald J. Levine and Susan L. Swatski-Lebson discuss the current trend of court decisions regarding the discoverability and admissibility of information available on social networking sites. Read…
Wills, Trusts & Estates Prof Blog
How excited utterances may trigger the slayer statute
The following posting is excerpted from Colin Miller, Serenity In Manslaughter?: Connecticut Court's Slayer Statute Ruling Contingent Upon Excited Utterance Ruling, Evidence Prof Blog, Nov. 10, 2008:A fascinating Connecticut case…
EvidenceProf Blog
Conditional Admission: Texas Case Reveals Distinctions Between Texas And Federal Rule Of Evidence 104(b)
By Colin Miller
The recent opinion of the Court of Criminal Appeals of Texas in Fischer v. State, 2008 WL 4724086 (Tex.Crim.App. 2008), maintained one distinction between Texas Rule of Evidence 104(b) and…