Topic
Evidence
911 published works
EvidenceProf Blog
In Seattle: Jewish Federation Shooting Case Prompts Several Evidentiary Rulings
By Colin Miller
A number of evidentiary issues have been raised by the trial of Naveed Haq, who has been charged with one count of aggravated murder, five counts of attempted aggravated murder…
EvidenceProf Blog
Let Us Live And Strive For Freedom: South African Supreme Court Finds Evidence Obtained By Torture Inadmissible
By Colin Miller
In what is being described as the first case of its kind since the advent of the Constitution of the Republic of South Africa in 1996, the Supreme Court of…
Civil Procedure & Federal Courts Blog
The Problem of the Expert Juror
By Civil Procedure & Federal Courts Blog
Prof. Paul Kirgis recently posted an article on SSRN titled "The Problem of the Expert Juror." The article will appear in volume 75 of the Temple Law Review. The link…
EvidenceProf Blog
D.C. Follies: District Court For The District of Columbia Misapplies Brady Doctrine In Drug Bust Case
By Colin Miller
The D.C. Circuit's recent opinion in United States v. Johnson, 2008 WL 638614 (D.C. Cir. 2008), lays bare another district court's failure to properly apply the Brady doctrine, derived from…
EvidenceProf Blog
Beyond Therapy: Cesar Rodriguez’s Lawyers Rest Case After Court Rejects Psychiatrist’s Testimony
By Colin Miller
Attorneys for Cesar Rodriguez abruptly rested their case after a jailhouse witness provided surprising testimony against their client and the judge hearing his case struck down their attempts to introduce…
EvidenceProf Blog
Night At The Museum, Take 2: Tenth Circuit Finds Appellate Courts Should Be Especially Deferential To Hearsay Rulings
By Colin Miller
Yesterday, I wrote about the Tenth Circuit's recent opinion in United States v. Ary, 2008 WL 565437 (10th Cir. 2008). Today, I want to address another aspect of that case. …
EvidenceProf Blog
Blending In: Court Finds That Documents Used To Refresh Witness’ Recollection Must Be Produced In Blender Patent Dispute
By Colin Miller
My wife and I are currently trying to decide on what blender to purchase because she recently got Jessica Seinfeld's cookbook "Deceptively Delicious," and she wants a heavy duty machine…
Adjunct Profs Blog
Supremes Rule “Me Too” Evidence Is Not Subject To Per Se Rule
Sprint/United Management Co. v. Mendelsohn, 552 U.S. __ (Feb. 26, 2008), is an important ADEA case-though it probably has broader application to other statutes such as Title VII. However, the…
Labor Law Prof Blog
“Me Too” ADEA Evidence Decision Unanimously Reversed and Remanded on Deference Grounds
Here are the relevant parts of the syllabus of the unanimous Supreme Court ADEA opinion written by Justice Thomas in Sprint/United Management v. Mendelsohn, 552 U.S. x (2008):In respondent Mendelsohn's…
EvidenceProf Blog
Evidence And Ethics 11: Professor Blinka’s Ethical Firewalls, Limited Admissibility, and Rule 703
By Colin Miller
Marquette University Law School Professor Daniel D. Blinka's contribution to the Evidence and Ethics Symposium is his article, Ethical Firewalls, Limited Admissibility, and Rule 703. In the article, Professor Blinka…