Topic
Evidence
911 published works
EvidenceProf Blog
Carolina In My Mind: Charlotte Court To Determine Admissibility of Alleged Excited Utterances
By Colin Miller
Marlon Blandin has been charged with first-degree murder in connection with the death of Paul Behling in 1993, with his trial set to start in January 2008 in Charlotte County,…
EvidenceProf Blog
California Supreme Court Accepts Enya, Rejects Celine Dion For Background Music In Victim Impact Statements
By Colin Miller
A jury convicted Douglas Oliver Kelly of the first degree murder of Sara Weir under the special circumstances of robbery, rape, and with personal use of a deadly weapon. During…
EvidenceProf Blog
Article Of Interest: Professor Deirdre Smith Addresses The Role Of Medical Evidence In The ADA Definition of Disability
By Colin Miller
Professor Deirdre Smith of the University of Maine School of Law has written a fascinating forthcoming article for the Tulane Law Review. The article, "Who Says You're Disabled: The Role…
Labor Law Prof Blog
Oral Argument Analysis in Mendelsohn “Me Too” ADEA Case
I have just had the chance to review the oral argument transcript in the important employment discrimination evidence case of Sprint/United Management Co. v. Mendelsohn. As this guest post points…
EvidenceProf Blog
Take Me To Another Place?: Recent Decision Reveals Tennessee’s Heightened Skepticism of Expert Opinion Evidence
By Colin Miller
The recent opinion of the United States District Court for the Eastern District of Tennessee in Brooks v. Wal-Mart Stores East, L.P., 2007 WL 3389925 (E.D. Tenn. 2007), reveals that…
Virginia Family Law Journal
Penile Plethysmograph Test Results Inadmissible
By Rob Hagy
In a case of first impression, the Virginia Supreme Court, in the case of Billips v. Commonwealth, held that, in a criminal sentencing hearing, the trial court erred in admitting…
EvidenceProf Blog
You’re Gonna Kill That Girl: Natavia Lowery’s Confession May Be Inadmissible in Future Linda Stein Murder Case
By Colin Miller
On October 30, celebrity realtor and former Ramones manager Linda Stein was murdered, and on Friday police though that they had cracked the case. Detectives had interviewed more than 60…
EvidenceProf Blog
The Sleeping Dictionary: Does a Dictionary Constitute Extraneous Prejudicial Information Under Rule 606(b)?
By Colin Miller
A Utah trial court found Carla M. Redding, a Salt Lake County Sheriff's Deputy, guilty of negligent homicide, negligent collision, and speeding in connection with a car accident that resulted…
TortsProf Blog
Sunstein & Meadow on Statistical Evidence of Causation
Cass Sunstein and William Meadow have posted a new article to SSRN, "Causation in Tort: General Population vs. Individual Cases." From the abstract:To establish causation, a tort plaintiff must show…
EvidenceProf Blog
Compromising Position: Ninth Circuit Finds Rule 408 Inapplicable When Proving Reasonable Apprehension
By Colin Miller
In Rhoades v. Avon Products, Inc., 2007 WL 2983757 (9th Cir. 2007), the Ninth Circuit Court of Appeals applied Federal Rule of Evidence 408 in a way in which I…