EvidenceProf Blog tag:typepad.com,2003:weblog-1441066 2013-06-19T08:18:07-07:00 A Member of the Law Professor Blogs Network TypePad EvidenceprofBloghttp://feedburner.google.com Blame Game: Revisiting The Issue of Impeaching the Declarant of an Adoptive Admission tag:typepad.com,2003:post-6a00d8341bfae553ef0192ab4c9023970d 2013-06-19T08:18:07-07:00 2013-06-19T03:31:43-07:00 Last week, I did a series of posts about Federal Rule of Evidence 806 and Federal Rule of Evidence 801(d)(2)(B). Rule 806 allows for the impeachment of hearsay declarants even if they don't testify at trial, but it seemingly precludes... Evidence ProfBlogger My New Article: OK Computer: The Fourth Amendment and Searches of Seized and Imaged Electronic Evidence tag:typepad.com,2003:post-6a00d8341bfae553ef0192ab3b87d1970d 2013-06-17T09:05:45-07:00 2013-06-17T09:06:11-07:00 Today, I posted the first draft of a short article that I am writing for South Carolina Lawyer magazine on SSRN. The article is OK Computer: The Fourth Amendment and Searches of Seized and Imaged Electronic Evidence. Here is the... Evidence ProfBlogger Your Best Defense: Should the Right to Present a Defense Allow Defendants to Impeach Rule 801(d)(2)(B) Declarants? tag:typepad.com,2003:post-6a00d8341bfae553ef019103554157970c 2013-06-14T06:56:40-07:00 2013-06-14T04:50:10-07:00 In Crane v. Kentucky, the Supreme Court found that: "[w]hether rooted directly in the Due Process Clause of the Fourteenth Amendment or in the Compulsory Process or Confrontation Clauses of the Sixth Amendment, the Constitution guarantees criminal defendants a meaningful... Evidence ProfBlogger Mouthguard: Why Does Rule 806 Apply to Rule 801(d)(2)(C) But Not Rule 801(d)(2)(B)? tag:typepad.com,2003:post-6a00d8341bfae553ef019103421b26970c 2013-06-12T04:34:41-07:00 2013-06-12T04:21:46-07:00 Following up on Monday's post, in today's post, I want consider the impeachment implications raised by Federal Rule of Evidence 801(d)(2)(B) and Federal Rule of Evidence 801(d)(2)(C). My question is: Why can a party impeach an absent Rule 801(d)(2)(C) declarant... Evidence ProfBlogger Liar, Liar: Why Does Rule 806 Preclude Impeachment of a Rule 801(d)(2)(B) Declarant? tag:typepad.com,2003:post-6a00d8341bfae553ef0191030f606c970c 2013-06-10T03:52:01-07:00 2013-06-10T03:54:43-07:00 Federal Rule of Evidence 801(d)(2) provides that A statement that meets the following conditions is not hearsay:.... The statement is offered against an opposing party and: (A) was made by the party in an individual or representative capacity; (B) is... Evidence ProfBlogger Swing and a Miss: Court of Appeals of Mississippi Seemingly Botches Prior Inconsistent Statement Appeal tag:typepad.com,2003:post-6a00d8341bfae553ef0192aad8f529970d 2013-06-07T12:23:15-07:00 2013-06-07T07:34:13-07:00 Similar to its federal counterpart, Mississippi Rule of Evidence 801(d)(1)(A) provides that A statement is not hearsay if...[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with... Evidence ProfBlogger Please Welcome Derek Black's Education Law Prof Blog to the Internet tag:typepad.com,2003:post-6a00d8341bfae553ef019103043766970c 2013-06-06T03:45:48-07:00 2013-06-06T08:35:50-07:00 Please welcome the Education Law Prof Blog to the internet. The blog was launched on April 30th with the following statement of purpose: Welcome to the Education Law Prof Blog. On this blog, we plan to highlight education law developments,... Evidence ProfBlogger This is a Recording: When Is a Witness Ever Able to Testify Fully & Accurately for Rule 803(5) Purposes? tag:typepad.com,2003:post-6a00d8341bfae553ef019102f98b11970c 2013-06-05T04:16:40-07:00 2013-06-05T04:16:40-07:00 A few days ago, I posted an entry about relocating Federal Rule of Evidence 803(5) to Federal Rule of Evidence 801(d)(1). Today, I want to focus on another aspect of this Rule, which provides an exception to the rule against... Evidence ProfBlogger No Right: Supreme Court Finds RIght to Present a Defense Doesn't Preclude Application of Anti-Extrinsic Evidence Rule tag:typepad.com,2003:post-6a00d8341bfae553ef0192aab6a019970d 2013-06-04T04:33:07-07:00 2013-06-04T04:27:01-07:00 The right to present a defense is a right that has always fascinated me. A few years ago, I wrote about it in the article, Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious,... Evidence ProfBlogger Should the Recorded Recollection Exception be Moved to Federal Rule of Evidence 801(d)(1)? tag:typepad.com,2003:post-6a00d8341bfae553ef0192aaac00ed970d 2013-06-03T04:05:00-07:00 2013-06-03T04:05:00-07:00 Federal Rule of Evidence 803(5) provides a hearsay exception for A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (B) was made or adopted by... Evidence ProfBlogger Are Rule 803 Hearsay Statements More Reliable Than Rule 804 Hearsay Statements? tag:typepad.com,2003:post-6a00d8341bfae553ef0192aa8ae3b6970d 2013-05-31T04:32:58-07:00 2013-06-01T12:03:49-07:00 As I was reviewing the Advisory Committee's Notes to Federal Rules of Evidence 803 and 804 yesterday, I came across something that I have never noticed before. And what I noticed has led me to ask the following question: Are... Evidence ProfBlogger Know Thy Enemy: How the Jodi Arias Trial Differed From the George Zimmerman Trial With Regard to Character Evidence tag:typepad.com,2003:post-6a00d8341bfae553ef0192aa8028bc970d 2013-05-30T07:37:02-07:00 2013-05-30T07:37:02-07:00 In yesterday's post, I argued that George ZImmerman should not be able to present evidence of specific instances of violent conduct by Trayvon Martin to support his claim of self-defense. In response, Rick Underwood left the following two comments: 1.... Evidence ProfBlogger The Character of the Matter George Zimmerman, Trayvon Martin & the Intricacies of Character Evidence tag:typepad.com,2003:post-6a00d8341bfae553ef019102ad6d89970c 2013-05-29T04:56:52-07:00 2013-05-29T04:55:33-07:00 Section 90.404 of the Florida Statutes generally precludes parties from presenting propensity character evidence, such as evidence that a defendant on trial for robbery had committed a prior robbery ("once a robber, always a robber"). That said, Section 90.404(1)(b)1. of... Evidence ProfBlogger To Hell & Back: Court of Appeals of Kentucky Finds No Error With Rejected Stipulation tag:typepad.com,2003:post-6a00d8341bfae553ef019102a2c005970c 2013-05-28T05:30:46-07:00 2013-05-28T05:29:42-07:00 According to the Legal Dictionary, During the course of a civil lawsuit, criminal proceeding, or any other type of litigation, the opposing attorneys may come to an agreement about certain facts and issues. Such an agreement is called a stipulation.... Evidence ProfBlogger Gone Fishin': Can an Affidavit Ever Qualify as a Present Sense Impression? tag:typepad.com,2003:post-6a00d8341bfae553ef0192aa602f6b970d 2013-05-27T04:33:03-07:00 2013-05-27T04:20:01-07:00 Federal Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. Can an affidavit qualify as a "present sense... Evidence ProfBlogger I'll Admit It: Is Rule 608(b) Evidence "Admissible"? tag:typepad.com,2003:post-6a00d8341bfae553ef01901c73980d970b 2013-05-24T04:08:34-07:00 2013-05-24T04:07:27-07:00 Federal Rule of Evidence 608(b) provides that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But... Evidence ProfBlogger Uninsurable: Court of Appeals of Rhode Island Finds No Problem With Judge's Sua Sponte Insurance Instruction tag:typepad.com,2003:post-6a00d8341bfae553ef019102645685970c 2013-05-23T04:22:10-07:00 2013-05-22T06:41:55-07:00 Similar to its federal counterpart, Rhode Island Rule of Evidence 411 provides that Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. However, such evidence... Evidence ProfBlogger Chutes & Ladders: Court of Appeals of Kentucky Finds Evidence of Ladder Switch Inadmissible Under Rule 407 tag:typepad.com,2003:post-6a00d8341bfae553ef0191026450d3970c 2013-05-22T06:39:12-07:00 2013-05-22T04:13:50-07:00 Similar to its federal counterpart, Kentucky Rule of Evidence 407 provides that When, after an event, measures are taken which, if taken previously, would have made an injury or harm allegedly caused by the event less likely to occur, evidence... Evidence ProfBlogger Talk About the Life in Massachusetts: Supreme Judicial Court of MA Does Not Adopt Federal Rule of Evidence 608(b) tag:typepad.com,2003:post-6a00d8341bfae553ef019102628cb2970c 2013-05-21T17:08:06-07:00 2013-05-21T12:48:05-07:00 Federal Rule of Evidence 608(b) provides that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But... Evidence ProfBlogger Black & White: D.C. Court of Appeals Finds Trial Courts Have Discretion to Consider Evidence of Juror Racial Bias tag:typepad.com,2003:post-6a00d8341bfae553ef01901c462f56970b 2013-05-20T18:44:56-07:00 2013-05-20T16:06:02-07:00 Federal Rule of Evidence 606(b) states: (b) During an Inquiry into the Validity of a Verdict or Indictment. (1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify... Evidence ProfBlogger