EvidenceProf Blog tag:typepad.com,2003:weblog-1441066 2012-01-26T11:15:34-05:00 A Member of the Law Professor Blogs Network TypePad EvidenceprofBloghttp://feedburner.google.com Ham Handed?: 6th Circuit Finds Character Evidence Properly Excluded Despite Mercy Rule tag:typepad.com,2003:post-6a00d8341bfae553ef0167611e404b970b 2012-01-26T11:15:34-05:00 2012-01-26T11:15:34-05:00 While Federal Rule of Evidence 404(a)(1) precludes the admission of propensity character evidence, Federal Rule of Evidence 404(a)(2)(A), the "mercy rule," states that a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the... Evidence ProfBlogger This Is A Recording?: California Court Finds No Error In Admission Of Recorded Recollection Despite Contradictory Testimony tag:typepad.com,2003:post-6a00d8341bfae553ef0167610eea1f970b 2012-01-25T14:05:09-05:00 2012-01-25T14:03:37-05:00 In a post in August 2010, I wrote about the opinion of the Supreme Court of California in People v. Cowan, 2010 WL 3034725 (Cal. 2010). That post concerned California Evidence Code Section 1237, which, similar to Federal Rule of... Evidence ProfBlogger Reelin' In The Years: NJ Case Reveals Differences Between Federal & New Jersey Rule Of Evidence 609 tag:typepad.com,2003:post-6a00d8341bfae553ef0168e604a32a970c 2012-01-24T16:14:03-05:00 2012-01-24T16:00:59-05:00 Federal Rule of Evidence 609(b) states: (b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence... Evidence ProfBlogger Bad Trip: Court Of Appeals Of Iowa Oddly Hedges On Issue Of Whether Statement Qualified As Present Sense Impression tag:typepad.com,2003:post-6a00d8341bfae553ef016760f3f60b970b 2012-01-23T15:37:20-05:00 2012-01-23T15:37:20-05:00 Like its federal counterpart, Iowa Rule of Evidence 5.803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.... Evidence ProfBlogger Judge Me Not: Court Of Appeals Of Kentucky Finds Problems With Judicial Research, Comment tag:typepad.com,2003:post-6a00d8341bfae553ef016760eb90e7970b 2012-01-22T09:22:37-05:00 2012-01-22T09:22:37-05:00 Like its federal counterpart, Kentucky Rule of Evidence 605 provides that The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point. As the recent... Evidence ProfBlogger Unsequestered Witness: Southern District Of Florida Finds No Need For New Trial Despite Rule 615 Violation tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffef3548970d 2012-01-21T09:44:13-05:00 2012-01-21T09:44:13-05:00 Federal Rule of Evidence 615 provides that At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize... Evidence ProfBlogger The Interpreter: 9th Circuit Finds Interpreters Don't Need To Give An Oath Before Testifying At A Trial tag:typepad.com,2003:post-6a00d8341bfae553ef0168e5e06596970c 2012-01-20T18:17:46-05:00 2012-01-20T17:50:44-05:00 Federal Rule of Evidence 603 states that Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience. So, under Rule 603, a... Evidence ProfBlogger No Expert: 3rd Circuit Finds No Error In Refusing To Appoint Expert Under Rule 706 tag:typepad.com,2003:post-6a00d8341bfae553ef016760cb979a970b 2012-01-19T22:12:41-05:00 2012-01-19T22:10:09-05:00 Federal Rule of Evidence 706(a) provides that On a party’s motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed and may ask the parties to submit nominations. The... Evidence ProfBlogger Copping A Plea: 11th Circuit Addresses Admissibility Of Plea Discussions At Sentencing tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffcbc3d9970d 2012-01-18T15:49:51-05:00 2012-01-18T15:49:51-05:00 Federal Rule of Evidence 410(4) provides that 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: (4) a statement made during plea discussions... Evidence ProfBlogger Hearsay For Dummies: "The Good Wife" Episode "Bitcoin For Dummies" Badly Botches Hearsay Issue tag:typepad.com,2003:post-6a00d8341bfae553ef0168e5afddf8970c 2012-01-17T17:15:10-05:00 2012-01-17T09:26:29-05:00 I like "The Good Wife." I've written about it on this blog several times (see here, here, and here). I think that the show generally gets the law right more than most other legal shows. That certainly wasn't the case,... Evidence ProfBlogger Living Social: Supreme Court Of Alaska Finds Medical Hearsay Exception Applies To Statements To Social Worker tag:typepad.com,2003:post-6a00d8341bfae553ef0168e5a0c30e970c 2012-01-16T09:22:33-05:00 2012-01-16T09:22:33-05:00 Like its federal counterpart, Alaska Rule of Evidence 803(4) provides an exception to the rule against hearsay for Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or... Evidence ProfBlogger In The Public Eye: Puerto Rico Court Finds Pilot's Statements Should Be Excluded From Public Report tag:typepad.com,2003:post-6a00d8341bfae553ef0168e5922da9970c 2012-01-15T09:41:19-05:00 2012-01-15T09:41:19-05:00 Federal Rule of Evidence 803(8) provides an exception to the rule against hearsay for A record or statement of a public office if: (A) it sets out: (i) the office’s activities; (ii) a matter observed while under a legal duty... Evidence ProfBlogger In The Main(e): Supreme Court Of Maine Reveals Lack Of Mercy Rule For Victim Character Evidence tag:typepad.com,2003:post-6a00d8341bfae553ef0168e584e820970c 2012-01-14T08:57:15-05:00 2012-01-14T08:57:15-05:00 Federal Rule of Evidence 404(a)(2)(B) provides in relevent part that subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim’s pertinent trait... In other words, despite the propensity character evidence proscription, a criminal defendant... Evidence ProfBlogger Parting Gesture: Court Of Appeals Of Indiana Finds Trial Court Properly Found Hand Gestures Were Excited Utterances tag:typepad.com,2003:post-6a00d8341bfae553ef016760767e11970b 2012-01-13T09:27:22-05:00 2012-01-13T09:27:22-05:00 Like its federal counterpart, Indiana Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the... Evidence ProfBlogger Dead Again: NJ Appellate Court Finds Dying Declarations Were Nontestimonial tag:typepad.com,2003:post-6a00d8341bfae553ef01676068e18a970b 2012-01-12T11:39:54-05:00 2012-01-12T10:57:58-05:00 Similar to its federal counterpart, New Jersey Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay In a criminal proceeding, [for] a statement made by a victim unavailable as a witness is admissible if it was made... Evidence ProfBlogger "State Farm Is There" Take On New Meaning In Character Evidence Case Involving Undercover Surveillance tag:typepad.com,2003:post-6a00d8341bfae553ef0168e55a04aa970c 2012-01-11T20:31:54-05:00 2012-01-11T20:32:24-05:00 State Farm's slogan is, "Like a good neighboor, State Farm is there." What I didn't realize until reading the recent opinion of the Sixth Circuit in State Farm Mut. Auto Ins. Co. v. Accident Victims Home Health Care Services, Inc.,... Evidence ProfBlogger The Loss Of Sexual Innocence: Supreme Court Of Guam Finds Trial Court Erred In Limiting Cross-Examination Of Child Rape Victim tag:typepad.com,2003:post-6a00d8341bfae553ef0162ff5665c1970d 2012-01-10T09:17:14-05:00 2012-01-10T09:17:14-05:00 A defendant is on trial for criminal sexual conduct based upon acts that he allegedly committed against a 10 year-old victim. Previously, a forensic examination of the alleged victim revealed scar tissue on her hymen. Before trial, the defendant failed... Evidence ProfBlogger Staying Neutral: 4th Circuit Finds Neutral Pronoun Substitution Satisfied Bruton Doctrine tag:typepad.com,2003:post-6a00d8341bfae553ef0167603eba46970b 2012-01-09T12:08:20-05:00 2012-01-09T12:07:41-05:00 The Confrontation Clause of the Sixth Amendment states that In all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him... Under the Bruton doctrine, the Confrontation Clause is violated, when, at a joint jury... Evidence ProfBlogger Double Secret Probation Edition: D. Conn. Limits Deposition Of Probation Officer At Plaintiff's Request tag:typepad.com,2003:post-6a00d8341bfae553ef01676011f74e970b 2012-01-08T09:35:48-05:00 2012-01-08T09:17:36-05:00 A plaintiff brings a civil action against a university. After being deposed, the plaintiff realizes that defense counsel has asked to depose his probation officer. The plaintiff argues that the deposition will have an in terrorem effect on his pursuit... Evidence ProfBlogger Crossed Up: Supreme Court Of Montana Finds Trial Court Properly Circumscribed Character Inquiry tag:typepad.com,2003:post-6a00d8341bfae553ef01676020d179970b 2012-01-07T09:29:54-05:00 2012-01-07T09:29:54-05:00 Like its federal counterpart, Montana Rule of Evidence 405(a) provides that In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by... Evidence ProfBlogger