EvidenceProf Blog tag:typepad.com,2003:weblog-1441066 2013-05-22T06:39:12-07:00 A Member of the Law Professor Blogs Network TypePad EvidenceprofBloghttp://feedburner.google.com 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 Leisure Suit Larry & the IRS: U.S. Tax Court Uses Rule 1003 to Exclude Altered Duplicate tag:typepad.com,2003:post-6a00d8341bfae553ef0191023c4521970c 2013-05-17T04:18:40-07:00 2013-05-17T04:18:40-07:00 Federal Rule of Evidence 1002, the Best Evidence Rule, provides that An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. That said, Federal Rule of Evidence... Evidence ProfBlogger This is a Knife: Florida Court Finds Statement About Knife Qualified as an Excited Utterance tag:typepad.com,2003:post-6a00d8341bfae553ef01910233c659970c 2013-05-16T03:45:30-07:00 2013-05-16T03:45:30-07:00 Similar to its federal counterpart, Section 90.803(2) of the Florida Statutes provides an exception to the rule against hearsay for A statement or excited utterance relating to a startling event or condition made while the declarant was under the stress... Evidence ProfBlogger Learned Person: The Learned Treatise Exception, Impeachment & the Truth of the Matter Asserted tag:typepad.com,2003:post-6a00d8341bfae553ef01901c32a4fa970b 2013-05-15T03:56:54-07:00 2013-05-15T03:55:29-07:00 Similar to its federal counterpart, Minnesota Rule of Evidence 803(18) provides an exception to the rule against hearsay To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct... Evidence ProfBlogger The Privileged Few: Does Federal Rule of Evidence 408 Create a Settlement Privilege? tag:typepad.com,2003:post-6a00d8341bfae553ef017eeb02ceb4970d 2013-05-14T05:45:21-07:00 2013-05-14T05:45:21-07:00 Federal Rule of Evidence 408 states: (a) Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to impeach by... Evidence ProfBlogger Article of Interest: F. Pat Hubbard's The Value of Life: Constitutional Limits on Citizens’ Use of Deadly Force tag:typepad.com,2003:post-6a00d8341bfae553ef017eeb1c74b9970d 2013-05-13T04:19:56-07:00 2013-05-13T04:19:56-07:00 My colleague, F. Pat Hubbard, has a terrific new article, The Value of Life: Constitutional Limits on Citizens’ Use of Deadly Force (forthcoming George Mason Law Review). Professor Hubbard focuses upon three situations in which the State authorizes citizens to... Evidence ProfBlogger Plea Plea Me: Middle District of Pennsylvania Finds Rule 410 Argument Unavailing for 2 Reasons tag:typepad.com,2003:post-6a00d8341bfae553ef019101fb6ca9970c 2013-05-10T03:45:28-07:00 2013-05-10T03:44:51-07:00 Federal Rule of Evidence 410 states (a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions: (1) a guilty plea that... Evidence ProfBlogger Picture Perfect?: Does the Officer Who Created a Photo Array Have to Testify to Satisfy the Confrontation Clause? tag:typepad.com,2003:post-6a00d8341bfae553ef017eeafa197e970d 2013-05-09T06:34:32-07:00 2013-05-09T06:34:32-07:00 When police have a suspect and an eyewitness, they often try to get the eyewitness to pick the suspect out of a photo array. Generally a police officer shows a set of photographs to a victim or witness and asks... Evidence ProfBlogger The Jig is Up: Post-Arrest Statements & the Co-Conspirator Admission Rule tag:typepad.com,2003:post-6a00d8341bfae553ef017eeaed6462970d 2013-05-08T09:14:44-07:00 2013-05-08T09:14:44-07:00 Similar to its federal counterpart, New Hampshire 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... Evidence ProfBlogger Inconsistent Consistency: Rule 608(b) & Proving Prior Inconsistent Statements Through Extrinsic Evidence tag:typepad.com,2003:post-6a00d8341bfae553ef019101dc8718970c 2013-05-07T12:06:37-07:00 2013-05-07T04:26:21-07:00 Federal Rule of Evidence 608(b) states: 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 the... Evidence ProfBlogger Down the Toilet: 1st Circuit Find Evidence Concerning Toilet Repair Inadmissible Subsequent Remedial Measure Evidence tag:typepad.com,2003:post-6a00d8341bfae553ef019101d7f35a970c 2013-05-06T16:38:19-07:00 2013-05-06T14:08:02-07:00 Federal Rule of Evidence 407 provides that When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: negligence; culpable conduct; a defect in... Evidence ProfBlogger Blogging Hiatus For the Week tag:typepad.com,2003:post-6a00d8341bfae553ef017eeaa7e97b970d 2013-04-28T17:06:23-07:00 2013-04-28T17:06:23-07:00 I am taking this week off for exam grading and will be back with new posts starting on May 6th. -CM Evidence ProfBlogger Adverse Reaction: Should a Court Give an Adverse Inference Instruction if a Party Barely Satisfies Rule 1004(a)? tag:typepad.com,2003:post-6a00d8341bfae553ef017d43228b4c970c 2013-04-26T06:24:46-07:00 2013-05-01T19:38:51-07:00 Federal Rule of Evidence 1002, the Best Evidence Rule, provides that An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. That said, Federal Rule of Evidence... Evidence ProfBlogger Loss of Control: Why Should Evidence Admissible Under Rule 1004(d) be Admissible Under Rule 403? tag:typepad.com,2003:post-6a00d8341bfae553ef01901b91e633970b 2013-04-25T12:14:23-07:00 2013-04-25T12:12:18-07:00 Federal Rule of Evidence 1002, the Best Evidence Rule, provides that An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. That said, Federal Rule of Evidence... Evidence ProfBlogger More Adventures in the Best Evidence Trade: The Best Evidence Rule & Disputed Facts tag:typepad.com,2003:post-6a00d8341bfae553ef017d43129469970c 2013-04-24T04:16:14-07:00 2013-04-24T04:16:14-07:00 In talking with my colleague, Jim Flanagan about my new essay, Contents May Have Shifted: Disentangling the Best Evidence Rule from the Rule Against Hearsay, we realized that all of the examples that I had given involved mostly undisputed facts... Evidence ProfBlogger Simply The Best: The Best Evidence Rule as a Non-Exception to the Rule Against Hearsay tag:typepad.com,2003:post-6a00d8341bfae553ef017c38b34db6970b 2013-04-23T10:35:19-07:00 2013-04-23T10:30:06-07:00 In my new essay, Contents May Have Shifted: Disentangling the Best Evidence Rule from the Rule Against Hearsay, I discuss how courts have improperly conflated the rule against hearsay by concluding that evidence/testimony offered to prove something other than the... Evidence ProfBlogger You Got It: Court Finds No Best Evidence Problem Because Defendant Had Original tag:typepad.com,2003:post-6a00d8341bfae553ef017d42e25a9c970c 2013-04-22T11:38:06-07:00 2013-04-22T11:38:07-07:00 Federal Rule of Evidence 1002, the Best Evidence Rule, provides that An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. That said, Federal Rule of Evidence... Evidence ProfBlogger Faith No More?: Michigan Court Dicta Implies Negligent Loss of Originals Creates Best Evidence Problem tag:typepad.com,2003:post-6a00d8341bfae553ef017d42e26f0d970c 2013-04-19T03:47:33-07:00 2013-04-19T03:45:33-07:00 Similar to its federal counterpart, Michigan Rule of Evidence 1002, the Best Evidence Rule, provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these... Evidence ProfBlogger