EvidenceProf Blogtag:typepad.com,2003:weblog-14410662009-11-09T15:32:46-05:00A Member of the Law Professor Blogs NetworkTypePadEvidenceprofBloghttp://feedburner.google.comWe've Got Insurance: Court Awards New Trial After Husband Tells Wife-Juror About Insurance Information Excluded At Trialtag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a92e0a970c2009-11-09T15:32:46-05:002009-11-09T15:32:46-05:00A coal buyer sues the defendants, alleging that they had fraudulently induced it to make advance payments totaling $3.2 million to a coal seller for coal that was never received. At trial trial, and outside the presence of the jury,...Evidence ProfBloggerDivine Justice?: Court Refuses To Conduct Voir Dire Of Jurors Besides Foreperson Despite Bible Being Found In Jury Deliberation Roomtag:typepad.com,2003:post-6a00d8341bfae553ef0120a65c30b1970b2009-11-08T10:43:11-05:002009-11-08T10:43:11-05:00A defendant is convicted of being a felon in possession of a firearm and ammunition. After the verdict is entered, the judge goes to the jury room with his law clerks to thank the jury. Afterwards, the law clerks inform...Evidence ProfBloggerA Shock To The System: Court Of Appeals Of Texas Makes Difficult Determinations On Excited Utterances In Assault Appealtag:typepad.com,2003:post-6a00d8341bfae553ef0120a65c31ee970b2009-11-07T10:37:32-05:002009-11-07T10:37:32-05:00Like its federal counterpart, Texas Rule of Evidence 803(2) provides an exception to the rule against hearsay for an "excited utterance," i.e., "[a] statement relating to a startling event or condition made while the declarant was under the stress of...Evidence ProfBloggerCuriosity Killed The Jury, Take 2: Boston Globe Article Addresses Problems New Technologies Present To Jury Deliberationstag:typepad.com,2003:post-6a00d8341bfae553ef0120a65bda17970b2009-11-06T09:51:52-05:002009-11-06T09:51:52-05:00Is the jury system broken? I've done several posts over the last year about how new technologies are causing (or should be causing) mistrials across the country. Back in March, I posted an entry about jurors improperly exchanging e-mails during...Evidence ProfBloggerConspiracy Theory: Second Circuit Reverses Alien Trafficking Convictions Based In Part On Improperly Admitted Co-Conspirator Admissionstag:typepad.com,2003:post-6a00d8341bfae553ef0120a656b1f3970b2009-11-05T10:54:08-05:002009-11-05T10:54:08-05:00Federal Rule of Evidence 801(d)(2)(E) provides that "[a] statement is not hearsay if...[t]he statement is offered against a party and is...a statement by a coconspirator of a party during the course and in furtherance of the conspiracy." Rule 801(d)(2), however,...Evidence ProfBloggerSteak Umm In Your Mouth: Steak Umm Vs. Steak 'Em Up Trademark Action Prompts Rule 408 Rulingtag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a95183970c2009-11-04T15:57:58-05:002009-11-04T15:57:58-05:00Steak Umm is a company that manufactures, advertises, and sells Steak Umm steak sandwich meat and hamburgers as part of frozen sandwich food kits (which I used to have when I was a kid but which I haven't had in...Evidence ProfBloggerFrom Exclusionary To Inclusionary: Kentucky Case Reveals Different Approaches To Character Evidence Under Rule 404(b)tag:typepad.com,2003:post-6a00d8341bfae553ef0120a64e8247970b2009-11-03T09:18:34-05:002009-11-03T09:18:34-05:00Federal Rule of Evidence 404(b) provides that Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes,...Evidence ProfBloggerBut It Was Only A Fantasy: North Carolina Opinion Reveals Troubling Exception To The State's Rape Shield Ruletag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a1552b970c2009-11-02T15:30:38-05:002009-11-02T15:30:38-05:00Rape shield rules prevent the defendant from presenting evidence regarding the alleged victim's other sexual behavior and sexual predisposition to prove that she consented to the sexual act at issue. Typically, these rules contain three exceptions. First, a defendant can...Evidence ProfBloggerRecalculating, Take 6: Supreme Judicial Court Of Massachusetts Finds Installation Of GPS Device On Suspect's Vehicle Constitutes A Seizuretag:typepad.com,2003:post-6a00d8341bfae553ef0120a6247115970b2009-11-01T08:08:26-05:002009-11-01T08:08:26-05:00I have written four previous posts (here, here, here, and here) about court opinions and articles addressing the issue of whether police should be required to obtain a search warrant before attaching a GPS device to a suspect's vehicle Those...Evidence ProfBloggerEvidenceProf Blog's 3rd Annual Halloween Movie Pick: John McNaughton's "Henry: Portrait of a Serial Killer"tag:typepad.com,2003:post-6a00d8341bfae553ef0120a69280bc970c2009-10-31T09:10:37-04:002009-10-31T09:10:37-04:00It's Halloween again, which means that it's time for EvidenceProf's Blog's third annual Halloween movie pick (after "The Gift" and "Homecoming"). For this year's pick, I'm again digging into the archives from my days reviewing DVDs and pulling out a...Evidence ProfBloggerDon't Rock The Boat, Take 2: Supreme Court Of Iowa Opinion Reveals That Iowa And Federal Rules On Subsequent Remedial Measures Aren't That Differenttag:typepad.com,2003:post-6a00d8341bfae553ef0120a6245cd6970b2009-10-30T09:20:07-04:002009-10-30T21:56:26-04:00Back in March, I posted an entry about the opinion of the Court of Appeals of Iowa in Scott v. Dutton-Lainson Co., 2009 WL 398488 (Iowa App. 2009), and how it revealed the differences between Federal Rule of Evidence 407...Evidence ProfBloggerThe Art Of The Steal: The EvidenceProf Blog Review Of The "White Collar" Pilottag:typepad.com,2003:post-6a00d8341bfae553ef0120a6786234970c2009-10-29T15:54:19-04:002009-10-29T17:25:38-04:00Last Friday, USA aired the pilot of its new series "White Collar." The second episode airs tomorrow at 10/9c. If the pilot is a harbinger of things to come, this might be the rare show that I recommend that law...Evidence ProfBloggerAbsence Of Malice: Court Vacates Second Degree Murder Conviction Because Juror Read Dictionary Definitions Of "Malice" To Other Jurors tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6337767970b2009-10-29T09:38:12-04:002009-10-29T09:38:12-04:00A man is charged with, among other things, second degree murder, which means that the prosecution needs to prove beyond a reasonable doubt that the man acted with malice in order for the jury to convict him. Legally, Malice is...Evidence ProfBloggerThe Love Letter: Colorado Judge To Determine Admissibility Of Love Note From Ex-Boyfriend In Second Degree Murder Trialtag:typepad.com,2003:post-6a00d8341bfae553ef0120a6803311970c2009-10-28T11:44:48-04:002009-10-28T11:44:48-04:00A man allegedly shoots and kills his girlfriend and is charged with second-degree murder. In order to establish the man's motive for the shooting, the prosecution seeks to introduce a love note allegedly written to the girlfriend by an ex-boyfriend....Evidence ProfBloggerHook Me Up: Court Of Appeals Of Indiana Addresses Admissibility Of Polygraph-Related Statementstag:typepad.com,2003:post-6a00d8341bfae553ef0120a624842e970b2009-10-27T16:32:13-04:002009-10-27T16:32:13-04:00There's an odd dichotomy under the Federal Rules of Evidence and state counterparts. Evidence of polygraph test results are per se inadmissible (except in New Mexico) unless both sides stipulate to their admission before the test is taken. Conversely, according...Evidence ProfBloggerWe The Jury: Eastern District Of Louisiana Finds Rule 606(b) Precludes Jury Impeachment On Issue Of Whether Unanimous Verdict Was Reachedtag:typepad.com,2003:post-6a00d8341bfae553ef0120a62ad57a970c2009-10-26T21:11:18-04:002009-10-26T21:11:18-04:00Federal Rule of Evidence 606(b) provides that Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the...Evidence ProfBloggerDeflating The Conspiracy Theory: Article Wrongfully Claims That Mother's Admission Will Qualify As Co-Conspirator Admission In Potential "Balloon Boy" Trialtag:typepad.com,2003:post-6a00d8341bfae553ef0120a61d6fc4970b2009-10-25T09:29:17-04:002009-10-25T09:29:17-04:00Like its federal counterpart, New Mexico Rule of Evidence 11-801(D)(2)(e) defines as nonhearsay "a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy." An article in the Examiner yesterday notes regarding the "balloon...Evidence ProfBloggerAs I Lay Dying: Court Of Criminal Appeals Of Texas Artfully Explains Dying Declaration Exceptiontag:typepad.com,2003:post-6a00d8341bfae553ef0120a6156894970b2009-10-24T09:31:39-04:002009-10-24T09:31:39-04:00Like its federal counterpart, Texas Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay for A statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the...Evidence ProfBloggerYou've Got Mail: Eastern District Of Pennsylvania Finds Plaintiff's E-Mails Admissible In Sexual Harassment Case Despite Rape Shield Ruletag:typepad.com,2003:post-6a00d8341bfae553ef0120a61782a4970b2009-10-23T10:52:42-04:002009-10-23T10:52:42-04:00A woman sues her employer, claiming, inter alia, sexual harassment based on an arguably hostile work environment. Specifically, she claims that her superior stared at her breasts on two separate occasions and made the following comment to her, with regard...Evidence ProfBloggerAgainst Interest: Article Discusses Proposed Change To Statement Against Interest Hearsay Exceptiontag:typepad.com,2003:post-6a00d8341bfae553ef0120a6699ac1970c2009-10-22T10:32:16-04:002009-10-22T10:32:16-04:00Federal Rule of Evidence 804(b)(3) currently provides an exception to the rule against hearsay for A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to...Evidence ProfBlogger