EvidenceProf Blogtag:typepad.com,2003:weblog-14410662009-07-18T09:31:37-04:00A Member of the Law Professor Blogs NetworkTypePadEvidenceprofBloghttp://feedburner.google.comPlea Agreement As Improper Influence: New Jersey Appellate Court Finds Prior Consistent Statement Were Properly Admitted In Drug Appealtag:typepad.com,2003:post-6a00d8341bfae553ef011571fcb5f7970b2009-07-18T09:31:37-04:002009-07-16T17:48:18-04:00New Jersey Rule of Evidence 607 indicates that Except as otherwise provided by Rules 405 and 608, for the purpose of impairing or supporting the credibility of a witness, any party including the party calling the witness may examine the...Evidence ProfBloggerFresh Enough: Western District Of Wisconsin Finds Statement Created Months After Harassment Qualifies As Recorded Recollectiontag:typepad.com,2003:post-6a00d8341bfae553ef01157107f5aa970c2009-07-17T06:30:00-04:002009-07-16T16:33:07-04:00Federal Rule of Evidence 803(5) provides an exception to the rule against hearsay for A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully...Evidence ProfBloggerRecord(ing) Recollection: Minnesota Case Reveals Two Important Aspects Of Recorded Recollection Exception To Rule Against Hearsaytag:typepad.com,2003:post-6a00d8341bfae553ef011570e4c27e970c2009-07-16T08:48:58-04:002009-07-16T08:48:58-04:00Like its federal counterpart, Minnesota Rule of Evidence 803(5) provides an exception to the rule against hearsay for A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to testify fully...Evidence ProfBloggerIn The Maine: District Of Maine Refuses To Apply Maine's Peer Review Privilege In Disparate Treatment Casetag:typepad.com,2003:post-683829152009-07-15T08:53:00-04:002009-07-15T08:39:33-04:00Federal Rule of Evidence 501 provides that Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the Supreme Court pursuant to statutory authority, the privilege of a...Evidence ProfBloggerA Foolish Consistency: Supreme Court Of New Hampshire Opinion Misapplies Prior Consistent Statement Ruletag:typepad.com,2003:post-6a00d8341bfae553ef01157107f715970c2009-07-14T08:38:33-04:002009-07-14T08:43:52-04:00Like its federal counterpart, New Hampshire Rule of Evidence 801(d)(1)(B) 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...consistent with the declarant's...Evidence ProfBloggerLeave The Falling To Us: Seventh Circuit Affirms Exclusion Of Employee Report In Case Against Metratag:typepad.com,2003:post-6a00d8341bfae553ef01157107f4a3970c2009-07-13T18:47:11-04:002009-07-13T18:47:11-04:00Federal Rule of Evidence 801(d)(2)(D) provides that [a] statement is not hearsay if...The statement is offered against a party and is...a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made...Evidence ProfBloggerA Matter Of Credibility?: New Hampshire Case Involves Important Impeachment, Rape Shield Issuestag:typepad.com,2003:post-6a00d8341bfae553ef01157103bc89970c2009-07-12T08:32:31-04:002009-07-12T08:32:31-04:00An upcoming sexual assault trial provides a good illustration of the rape shield rule and a couple of rules of evidence dealing with the impeachment of witnesses. Hai Phuoc Tran, the owner of Queen Nails, will soon stand trial, facing...Evidence ProfBloggerI Read The News Today: 10th Circuit Denies Habeas Despite Juror Misconduct In Death Penalty Appealtag:typepad.com,2003:post-6a00d8341bfae553ef011571d97ddb970b2009-07-11T08:45:48-04:002009-07-11T08:45:48-04:00A defendant is convicted of murder and sentenced to death. It turns out, however, that after the jury found the defendant guilty but before they decided to impose the death penalty, a juror spoke with a released alternate juror, who...Evidence ProfBloggerCollateral Damage: 8th Circuit Finds District Court Properly Precluded Extrinsic Evidence of Prior Inconsistent Statementtag:typepad.com,2003:post-6a00d8341bfae553ef011570e4aded970c2009-07-10T21:36:54-04:002009-07-11T08:17:51-04:00It is well established that a witness who testifies at trial can be impeached if he made a prior inconsistent statement before trial; moreover, Federal Rule of Evidence 613(b) indicates that the attorney impeaching a witness through a prior inconsistent...Evidence ProfBloggerPrivate Ears Are Listening: California Judge Expresses Doubt That Confidential Marital Communications Privilege Applies To Intercepted Conversationtag:typepad.com,2003:post-6a00d8341bfae553ef011571d25700970b2009-07-09T07:10:40-04:002009-07-09T07:10:40-04:00Corey Lyons will soon stand trial in California for the slayings of his brother and sister-in-law. And, according to Judge Brian Hill, it is likely that statements that Lyons made to his wife in a locked interview room will be...Evidence ProfBloggerThe Character Of The Matter, Take 2: Iowa Judge Precludes Specific Act Character Evidence In Murder Trialtag:typepad.com,2003:post-6a00d8341bfae553ef011571d257f5970b2009-07-08T08:29:02-04:002009-07-08T08:29:02-04:00Yesterday, I posted an entry about how criminal defendants claiming self-defense generally can present opinion and reputation testimony concerning the victim's character for violence but generally cannot present specific act testimony concerning the victim's character for violence. Well, a current...Evidence ProfBloggerThe Character Of The Matter: Court Of Appeals Of Arizona Finds That Victim's Violent Character Is Not An Essential Element Of A Self Defense Claimtag:typepad.com,2003:post-6a00d8341bfae553ef011571a1e7cd970b2009-07-07T08:26:59-04:002009-07-07T08:26:59-04:00Like its federal counterpart, Arizona Rule of Evidence 404(a)(2) provides that: Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except...2. Character of...Evidence ProfBloggerThe "Phantom Expert Witness" And The Confrontation Clause tag:typepad.com,2003:post-6a00d8341bfae553ef011570acbbd4970c2009-07-06T09:58:28-04:002009-07-06T09:58:29-04:00Let's say that a defendant is on trial for arson. A key part of the prosecution's case is going to be its evidence that the defendant used gasoline or some other agent to start the subject fire. And if there...Evidence ProfBloggerPassing By With Every Exit Sign: Delaware Search Seemingly Violates Arizona v. Ganttag:typepad.com,2003:post-6a00d8341bfae553ef011570c1928b970c2009-07-05T08:45:40-04:002009-07-05T08:45:40-04:00A recent search of an automobile in Delaware incident to a lawful arrest seems to be exactly the type of search that used to be authorized under New York v. Belton, 453 U.S. 454 (1981), but is now no longer...Evidence ProfBloggerQuestioning The Jury: Tennessee Court Finds Trial Court Applied Proper Jury Questioning Procedure In 4th Of July Casetag:typepad.com,2003:post-6a00d8341bfae553ef011570c14ac8970c2009-07-04T08:40:22-04:002009-07-04T08:40:22-04:00I have written a few posts on this blog (here, here, here, and here) about the propriety of allowing jurors to ask questions during trial. The recent opinion of the Court of Criminal Appeals of Tennessee in State v. James,...Evidence ProfBloggerSummary Judgment: Seventh Circuit FInds Audit Report Admissible Under Rule 1006tag:typepad.com,2003:post-6a00d8341bfae553ef011571a1e4d8970b2009-07-03T08:49:09-04:002009-07-03T08:49:10-04:00Federal Rule of Evidence 803(6) provides an exception to the rule against hearsay for A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from...Evidence ProfBloggerSomething Special In The Verdict: Rule 606(b) Precludes Jury Impeachment On Workers' Compensation Issue In Case Against American Airlinestag:typepad.com,2003:post-6a00d8341bfae553ef0115717e82fd970b2009-07-02T13:17:29-04:002009-06-30T14:09:52-04:00Judges often make rulings excluding evidence to avoid confusing the jury. Indeed, Federal Rule of Evidence 403 explicitly provides that judges may exclude even relevant evidence if its probative value is substantially outweighed by the danger of confusion of the...Evidence ProfBloggerChicken Little Or Canary In The Coal Mine?, Take 3: Could Briscoe v. Virginia Lead To An Immediate Overturning Of Melendez-Diaz?tag:typepad.com,2003:post-6a00d8341bfae553ef0115719295ce970b2009-07-01T09:05:17-04:002009-07-01T09:05:17-04:00Last week, I wrote a post about the Supreme Court's new opinion in Melendez-Diaz v.Massachusetts, in which it found in a 5-4 vote that certificates of state laboratory analysts were "testimonial" and thus covered by the Sixth Amendment. One of...Evidence ProfBloggerEx Post Handcuffs, Take 2: Sixth Circuit Opinion Also Shows Immediate Impact Of Arizona v. Ganttag:typepad.com,2003:post-683081412009-06-30T12:15:40-04:002009-06-30T12:15:41-04:00Yesterday, I did a post about the immediate impact of the United States Supreme Court's recent opinion in Arizona v. Gant, 129 S.Ct. 1710 (2009), and its holding that officers cannot the passenger compartment of an arrestee's vehicle incident to...Evidence ProfBloggerEx Post Handcuffs: Eighth Circuit Opinion Shows Immediate Impact Of Arizona v. Ganttag:typepad.com,2003:post-683080852009-06-29T09:07:36-04:002009-06-24T10:50:31-04:00In 1969, the Supreme Court established the boundaries of proper search incident to a lawful arrest in California v. Chimel, 395 U.S. 752 (1969). According to the Court, When an arrest is made, it is reasonable for the arresting officer...Evidence ProfBlogger