Topic
Hearsay
406 published works
EvidenceProf Blog
It’s My Space. That’s Why They Call It MySpace: Judge Finds Statements On Defendant’s MySpace Page Are Inadmissible Hearsay
By Colin Miller
An Indiana judge has ruled that statements posted on a person's MySpace page are inadmissible hearsay. On Tuesday, Benjamin Pomeroy was found guilty after a bench trial of two counts…
EvidenceProf Blog
Open In Case Of My Death, Take 2: Mark D. Jensen Found Guilty of First Degree Murder
By Colin Miller
I've written before about the Mark D. Jensen trial and how the Supreme Court of Wisconsin took the liberal view of the "forfeiture by wrongdoing" doctrine in allowing for the…
EvidenceProf Blog
The Doors Of Perception: Supreme Court of Kansas Case Shows Why a Federal “Recent Perception” Exception Might Make Sense After Crawford
By Colin Miller
The Supreme Court of Kansas has affirmed the first degree murder conviction of former Kansas State University Professor Thomas E. Murray in a case that reveals that Kansas has an…
EvidenceProf Blog
Died In South Dakota: David Lykken Murder Trial Raises Interesting Evidentiary Issues
By Colin Miller
The upcoming murder trial in South Dakota for David Lykken has already proven to be chock full of interesting evidentiary issues. Lykken's trial for allegedly killing two Vermillion girls in…
EvidenceProf Blog
Meet The New Boss, Same As The Old Boss: Ohio Judge Dismisses Political Retaliation Claim Based On Erroneous Hearsay Ruling
By Colin Miller
A judge in Ohio has made a seemingly bizarre evidentiary ruling, resulting in the dismissal of Athens County Sheriff's Deputy Jack Taylor's discrimination lawsuit against Sheriff Verne Castle. When Taylor…
Legal Profession Blog
Barry Bonds Waiving His Attorneys’ Conflict of Interest?: Reporting and Reality
Posted by Alan ChildressI'm borrowing a page from Jeff's recent and great post last week on the media's misuse of the term "hearsay" when describing the Mitchell Report's finding of…
EvidenceProf Blog
Take Good Care Of My Baby: Texas Court Applies Its Disgrace Exception To The Rule Against Hearsay
By Colin Miller
A recent case in Texas state court reveals an important distinction between the Texas Rules of Evidence and the Federal Rules of Evidence concerning the admissibility of statements against interest. …
EvidenceProf Blog
Burning Down The House: South Carolina Court Finds Confession Letter Inadmissible Despite Rule 804(b)(3)
By Colin Miller
Jeremy Phillips is on trial, facing charges that he beat his neighbor, Juan Roman, and set fire to his mobile home, resulting in Roman's death in August 2006. Based on…
EvidenceProf Blog
You’ve Got Mail: Judge Overrules Hearsay And Authentication Objections To Admission Of E-Mails
By Colin Miller
Hans Reiser is on trial in Alameda County Superior Court, defending charges that he murdered his ex-wife. This week, defending those charges became much more difficult after the judge hearing…
EvidenceProf Blog
The Wrongdoers: Colorado Finds Forfeiture By Wrongdoing Doctrine Does Not Preclude Hearsay Challenge
By Colin Miller
In June 2002, Jimmy Vasquez was placed under a restraining order prohibiting contact with his wife, Angela Vasquez. In July 2002, Jimmy was arrested on harassment charges and released on…