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Evidence

911 published works

  1. Civil Procedure & Federal Courts Blog

    Daubert and Halloween

    By Civil Procedure & Federal Courts Blog

    It's the day after Halloween, but Mark Herrmann's punny little Halloween-Daubert post is still midly amusing.  (Mildly, Mark).  Here's an excerpt: "Multidistrict litigation courts are often confronted with evaluating limited…

  2. EvidenceProf Blog

    Or Maybe In the County Jail: Court Of Appeals Of Ohio Finds Lay Witness Testinmony On Intoxication Was Proper

    By Colin Miller

    The recent opinion of the Court of Appeals of Ohio in State v. Morgan, 2008 WL 4693134 (Ohio App. 9 Dist. 2008), is fairly representative of most opinions in its…

  3. Sentencing Law and Policy

    Notable “death is different” response to wrongful convictions

    By Douglas Berman

    Main October 30, 2008Notable "death is different" response to wrongful convictionsI just discovered via SSRN this notable article by Professor Rory Little titled "Addressing the Evidentiary Sources of Wrongful Convictions:…

  4. TortsProf Blog

    “The Evidence Gap”

    By Christopher Robinette

    In a series of articles, the New York Times explores "the evidence gap." These articles examine "medical treatments used despite scant proof they work and will consider steps toward medicine…

  5. Sentencing Law and Policy

    In praise of thoughtful judging on the Second Circuit

    By Douglas Berman

    Main October 14, 2008In praise of thoughtful judging on the Second CircuitI clerked for two different judges who still serve on the Second Circuit. For that reason and perhaps others,…

  6. EvidenceProf Blog

    I Said , “M-I-S-T-R-I-A-L,” Mistrial, Take 2: Pennsylvania Judge Makes Seemingly Erroneous Hearsay Ruling In Murder Retrial

    By Colin Miller

    I am surprised by a Pennsylvania judge's hearsay ruling during a defendant's retrial.  And that ruling will prevent the victim's daughter from being able to testify concerning what her mother…

  7. EvidenceProf Blog

    Looking For Some (In)Consistency: Florida Case Perfectly Illustrates Differences Between Two Prior Inconsistent Statement Rules

    By Colin Miller

    Rarely do I find a case that perfectly illustrates the differences between the two prior inconsistent statement rules.  The recent opinion of the District Court of Appeal of Florida in…

  8. EvidenceProf Blog

    Justice, Texas-Style: Court Of Appeals Of Texas Makes Seemingly Erroneous “Mercy Rule” Ruling

    By Colin Miller

    The recent opinion of the Court of Appeals of Texas in Fort v. State, 2008 WL 4500318 (Tex.App.-Texarkana 2008), reveals how tight of a seal a defendant must keep on…

  9. TortsProf Blog

    Abraham on the Prohibition of Party Testimony and Tort Law

    By Christopher Robinette

    Kenneth Abraham (Virginia) has posted to SSRN The Common Law Prohibition on Party Testimony and the Development of Tort Liability.  Here is the abstract:For two and a half centuries of…

  10. Reverse & Render

    Evidence of Defendant’s Wealth Held Harmful

    By Tory Regas

    The Texas Supreme Court recently reversed a decision by the Houston Fourteenth District Court of Appeals, which held harmless the trial court’s admission of evidence related to the defendant’s wealth. …