Topic
Evidence
911 published works
EvidenceProf Blog
I’m So Excited: Court Of Criminal Appeals Of Texas Finally Agrees With My “Subsequent Startling Occurrence” Formulation Of The Excited Utterance Exception
By Colin Miller
A few years ago, I wrote the article, A Shock to the System: Analyzing the Conflict Among Courts Over Whether and When Excited Utterances May Follow Subsequent Startling Occurrences in…
EvidenceProf Blog
Forfeit Victory, Take 9: Ohio Supreme Court Denies McCarley’s Appeal
By Colin Miller
In February, I did a post about the appeal of Willard McCarley, who successfully argued that the forfeiture by wrongdoing doctrine did not apply to statements made by his alleged…
EvidenceProf Blog
Forfeit Victory, Take 7: Supreme Court Vacates Giles, With Key Analysis In a Footnote
By Colin Miller
The Supreme Court issued its opinion in Giles v. California today. Justice Scalia wrote the majority opinion, which vacated and remanded the judgment of the Supreme Court of California. In…
EvidenceProf Blog
Dexter In The Dark, Take 2: Is Dr. Hayne Qualified To Render Expert Testimony?
By Colin Miller
On Saturday, I wrote a post about a Mississippi case, where the Court of Appeals of Mississippi found that forensic pathologist Dr. Hayne properly rendered expert testimony on blood spatter…
EvidenceProf Blog
I’m Incomplete: Recent Opinions Reveal 1st and 4th Circuits Differ Over Whether Rule 106 Allows For The Admission Of Otherwise Inadmissible Evidence
By Colin Miller
Opinions on consecutive days reveal that the Fourth and First Circuits have different interpretations of the "rule of completeness" contained in Federal Rule of Evidence 106. In the May 12,…
TortsProf Blog
Roger Clemens, Defamation, and Evidence
The Sports Law Blog has a detailed post on the admissibility (or, more likely, inadmissibility) of evidence relating to Roger Clemens's alleged affairs on his defamation claim against trainer Brian…
EvidenceProf Blog
The Interpreter: Texas Court Applies “Language Conduit” Rule To Admit Translated Admissions
By Colin Miller
The Court of Appeals of Texas' recent opinion in Pitts v. State, 2008 WL 1747664 (Tex.App.-Houston 2008), provides a nice illustration of the "language conduit" rule. The facts of the…
EvidenceProf Blog
What’s The 411? Kentucky Court Finds Rule Of Evidence 411 Doesn’t Cover Health Insurance
By Colin Miller
The Court of Appeals of Kentucky's recent opinion in Barkman v. Overstreet, 2008 WL 1052931 (Ky.App. 2008), contains an interesting discussion of Kentucky Rule of Evidence 411, which is identical…
Legal Profession Blog
Meursault Concludes the Semester
Posted by Alan ChildressAlthough I almost understand Jeff's inspiration from Albert Camus at the close of his semester, I think the better lesson comes from The Stranger, especially as I…
EvidenceProf Blog
I Drink Your Milkshake!: Milkshake Murderer’s Attorney Argues Hong Kong Court Improperly Allowed Hearsay Testimony
By Colin Miller
A strange case from Hong Kong reveals that the region is dealing with the same evidentiary issue set to be heard soon by the United States Supreme Court. In 2003,…