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Evidence
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EvidenceProf Blog
The Parting Of The Ways: 8th Circuit Makes Seemingly Erroneous Prior Consistent Statement Ruling In Drug Murder Case
By Colin Miller
The Eighth Circuit's recent opinion in United States v. Hoover, 2008 WL 4273910 (8th Cir. 2008), contains what I regard to be an incorrect prior consistent statement ruling. In Hoover,…
EvidenceProf Blog
Lie Detector As Sentencing Tool?: Maryland Judge Allows Defendant To Take Polygraph Test As Part Of Sentencing Process
By Colin Miller
In a strange ruling which I think is clearly contradictory to Maryland precedent, a Baltimore County judge has given convicted felon Trent L. Banks a chance to take a lie-detector…
International Law Prof Blog
New Zealand – Evidence Law Update
Colin Miller at the Evidence Prof Blog has posted about a proposal in New Zealand to enact a rape shield law. Click here to read more.(mew)
White Collar Crime Prof Blog
Ted Stevens – How Will He Sound on Tape?
By Ellen Podgor
Previously discussed here and here, the case against Senator Ted Stevens of Alaska is moving forward quickly. He is under indictment for seven counts of false statements under 18 U.S.C. …
EvidenceProf Blog
Impulse Control: Seventh Circuit Finds That Psychologist Should Have Been Allowed To Testify In Internet Sex Sting Operation Case
By Colin Miller
The Seventh Circuit's recent opinion in United States v. Gladish , 2008 WL 2927127 (7th Cir. 2008), contains an interesting discussion of Federal Rule of Evidence 704(b). In Gladish, Brian…
EvidenceProf Blog
On The Road To Sturgis: Eighth Circuit Properly Allows For Admission Of Supplemental Tax Returns, But Under Wrong Rule Of Evidence
By Colin Miller
The recent opinion of the Eighth Circuit in Gaillard v. Jim's Water Service, Inc., 2008 WL 2938843 (8th Cir. 2008), correctly affirmed the trial court's decision to allow for the…
EvidenceProf Blog
Rescue 911: Court Of Appeals Of Virginia Finds 911 Call Satisfies Excited Utterance Exception And Confrontation Clause
By Colin Miller
The Court of Appeals of Virginia's recent opinion in Caison v. Commonwealth, 2008 WL 2884089 (Va.App. 2008), seems to be directly in line with the opinion of the United State's…
International Law Prof Blog
Law and Order . . . in the United Kingdom
The Evidence Prof Blog informs us that the popular television show Law & Order will begin producing a British version in the United Kingdom. Click here for more information.Hat tip…
Sentencing Law and Policy
Party night tip: Be sentencing safe when you surf and post
Main July 18, 2008Party night tip: Be sentencing safe when you surf and post This new CBS/AP story, headlined "Drinking, Driving And Facebook Don't Mix: Web Networking Photos Come Back…
EvidenceProf Blog
Cross Bones: Court Of Appeals Of Ohio Finds No Prosecutorial Misconduct Despite Scathing Comments Attacking Kathy Reichs a/k/a Bones In Nun Murder Cold Case
By Colin Miller
On the Fox series "Bones" a point of humor is that while forensic anthropologist Temperance Brennan, a/k/a Bones, is brilliant at her profession, she is frequently less than brilliant as…