Topic
Evidence
911 published works
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…
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…
Sentencing Law and Policy
Notable “death is different” response to wrongful convictions
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:…
TortsProf Blog
“The Evidence Gap”
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…
Sentencing Law and Policy
In praise of thoughtful judging on the Second Circuit
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,…
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…
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…
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…
TortsProf Blog
Abraham on the Prohibition of Party Testimony and Tort Law
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…
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. …