EvidenceProf Blogtag:typepad.com,2003:weblog-14410662023-06-20T08:49:52-07:00A Member of the Law Professor Blogs NetworkTypePadSupreme Court of Kentucky Holds Subsequent Remedial Measure Rule Can Apply in Criminal Casestag:typepad.com,2003:post-6a00d8341bfae553ef02c1b2571e4f200d2023-06-20T08:49:52-07:002023-06-20T08:49:52-07:00Similar 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 ProfBloggerUndisclosed Mega-Update Thread 13tag:typepad.com,2003:post-6a00d8341bfae553ef02b685393afa200d2023-06-02T12:26:35-07:002023-06-03T06:57:48-07:00Yesterday, prosecutors dropped murder charges against Jeff Titus in connection with the deaths of Doug Estes and Jim Bennett. Now, Titus has been completely cleared of any wrongdoing in the case after 22 years of wrongful conviction. Given this terrific...Evidence ProfBloggerCourt of Appeals of Arkansas Finds No Error With Leading Questions to Child Witnesstag:typepad.com,2003:post-6a00d8341bfae553ef02b75176bb66200b2023-03-17T08:40:11-07:002023-03-17T08:40:11-07:00Similar to its federal counterpart, Arkansas Rule of Evidence 611(c) provides that Leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony. Ordinarily leading questions should be permitted...Evidence ProfBlogger11th Circuit Finds Asking Expert Whether the Defendant Was Unable to Appreciate the Nature of His Actions Violated Rule 704(b)tag:typepad.com,2003:post-6a00d8341bfae553ef02b751747072200b2023-03-04T07:45:40-08:002023-03-04T07:45:40-08:00Federal 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 ProfBloggerSupreme Court Finds Jury Instruction Analogizing Reasonable Doubt to Surgery Involving a "Precious One" Was Impropertag:typepad.com,2003:post-6a00d8341bfae553ef02b75173ceba200b2023-03-01T13:26:20-08:002023-03-01T13:26:20-08:00Imagine that a judge's instruction on guilty beyond a reasonable doubt includes the following paragraphs: Now, ladies and gentlemen, I find it helpful to think about reasonable doubt in this way. Because I had the great fortune to speak with...Evidence ProfBloggerCourt of Appeals of Maryland Finds "First Aggressor" Character Evidence Exception Isn't Triggered by Opening Statementstag:typepad.com,2003:post-6a00d8341bfae553ef02b751977fcb200c2023-02-25T12:14:17-08:002023-02-25T12:14:17-08:00Similar to Federal Rule of Evidence 404(a)(2)(C), Maryland Rule of Evidence 5-404(a)(2)(C) provides that In a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor....Evidence ProfBloggerUndisclosed Mega-Update Thread 12tag:typepad.com,2003:post-6a00d8341bfae553ef02b7519721f3200c2023-02-24T13:26:08-08:002023-02-24T13:25:40-08:00Today, a federal judge signed an order releasing Jeff Titus from prison and granting him a new trial (that is unlikely to happen). Given this terrific turn of events, I wanted to do an update on the status of all...Evidence ProfBloggerUndisclosed Mega-Update Thread 11tag:typepad.com,2003:post-6a00d8341bfae553ef02af1c956752200d2022-12-21T03:10:11-08:002022-12-21T12:34:51-08:00Yesterday, the Supreme Court of Georgia upheld the grant of habeas relief to Joey Watkins. Given this terrific turn of events, I wanted to do an update on the status of all of the cases we covered on Undisclosed. Total...Evidence ProfBloggerReconsideration of John Brookins's Request for Paroletag:typepad.com,2003:post-6a00d8341bfae553ef02a2eed94fe6200d2022-10-12T16:26:26-07:002022-10-12T16:26:00-07:00Tomorrow, the Pennsylvania Board of Pardons will reconsider John Brookins's request for parole. Last year, John's request for parole was denied in large part based upon a letter (Download Bucks letter) sent by the Bucks County District Attorney's Office. Unfortunately,...Evidence ProfBloggerWhy the Alternate Suspect Having the Opportunity to Kill Hae Min Lee is Criticaltag:typepad.com,2003:post-6a00d8341bfae553ef02a30d4e8cc2200b2022-09-24T06:05:32-07:002022-09-24T05:58:27-07:00At the hearing on the joint motion to vacate Adnan Syed's murder conviction, Becky Feldman from the Baltimore City State's Attorney's Office said something fairly extraordinary. Her statement was in regard to one of the alternate suspects in the case....Evidence ProfBlogger