EvidenceProf Blogtag:typepad.com,2003:weblog-14410662024-02-27T15:54:30-08:00A Member of the Law Professor Blogs NetworkTypePadNorthern District of Indiana Finds 911 Call Made About 5 Minutes After An Assault Qualified as a Present Sense Impressiontag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a85347200c2024-02-27T15:54:30-08:002024-02-27T15:54:30-08:00Federal 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. So, does a 911 call made about five...Evidence ProfBloggerNorthern District of Indiana Finds 911 Call Made About 5 Minutes After An Assault Qualified as a Present Sense Impressiontag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a852a7200c2024-02-27T15:40:58-08:002024-02-27T15:40:58-08:00Federal 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. So, does a 911 call made about five...Evidence ProfBloggerFourth Circuit Finds District Court's Non-Anonymity Order Was an Abuse of Discretiontag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a7dd35200c2024-02-22T13:39:47-08:002024-02-22T13:39:48-08:00Should a plaintiff be able to use a pseudonym when suing a defendant, or should she have to use her real name? The recent opinion of the Fourth Circuit in Doe v. Sidar, 2024 WL 696535 (4th Cir. 2024), does...Evidence ProfBloggerCentral District of California Finds Habit Evidence Admissible in Clam Chowder Slip & Fall Action Against Costcotag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3abf21d200d2024-02-21T06:46:03-08:002024-02-21T06:46:04-08:00Federal Rule of Evidence 406 provides that Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice....Evidence ProfBloggerArkansas Rule of Evidence 616 and the Victim's Right to be Present at Trials and Hearingstag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a7b1ce200c2024-02-20T13:25:43-08:002024-02-20T13:25:43-08:00As revealed by Smith v. State, 2001 WL 1338413 (Ark. App. 2001), Rule 616 of the Arkansas Rule of Evidence provides that Notwithstanding any provision to the contrary, in any criminal prosecution, the victim of a crime, and in the...Evidence ProfBloggerSupreme Court of Kentucky Finds Defendant's Testimony That He's "Kindhearted" Opened the Door For Evidence of His Violencetag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3abc21e200d2024-02-19T06:41:07-08:002024-02-19T06:41:08-08:00Kentucky Rule of Evidence 404(a)(1) provides as follows: (a) Character evidence generally. 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: (1)...Evidence ProfBloggerSixth Circuit Finds Detective's Testimony Didn't Violate Rule 704(b) in Possession With Intent to Distribute Trialtag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a74785200c2024-02-16T16:02:41-08:002024-02-16T16:02:01-08:00Federal Rule of Evidence 704(b) provides that In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime...Evidence ProfBloggerEastern District of Louisiana Finds Statements Not Concerning Cause of Decedent's Impending Death Failed to Qualify as Dying Declarationstag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3ab6fb3200d2024-02-15T15:28:25-08:002024-02-15T15:28:25-08:00Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay In a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its...Evidence ProfBloggerAppellate Court of Illinois Finds Rule 405(b)(2) Covers the Victim's Violent Acts Committed Prior to Trialtag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3aae9f4200b2024-02-14T10:40:03-08:002024-02-14T10:39:00-08:00Federal Rule of Evidence 405(b) states the following: (b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by...Evidence ProfBloggerTenth Circuit Asked Whether "Communicated Character" Evidence Triggers the Mercy Ruletag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a6fc46200c2024-02-13T11:13:46-08:002024-02-13T11:13:46-08:00Federal Rule of Evidence 404(a) states the following: (a) Character Evidence. (1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character...Evidence ProfBlogger