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Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal
Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal
Law Faculty Publications
A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a …
Implied Hearsay, Ronald J. Bacigal
Implied Hearsay, Ronald J. Bacigal
Law Faculty Publications
Lawyers sometimes exaggerate the significance of a single sentence or footnote in a court opinion. At other times a single phrase may turn out to be a time bomb which subsequently explodes with far reaching result:i. Court watchers thus spend considerable time trying to discern what is implied within the literal language of a court's opinion. It is no small irony that one of the latest implications in a Virginia Supreme Court decision relates to the implications contained within an out-of-court statement that cannot be literally defined as hearsay. A modification of the hearsay rule, or at least the hearsay …
Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
Reversing a recent trend, the past year was relatively quiet with respect to search and seizure cases. The United States Supreme Court decided two cases dealing with open fields and the curtilage of a dwelling. Dow Chemical Co. v. United States held that the open areas of an industrial plant complex with numerous plant structures spread over an area of 2,000 acres are not analogous to the "curtilage" of a dwelling for purposes of aerial surveillance; such an industrial complex "is more comparable to an open field and as such is open to the view and observation of persons in …
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
In Tennessee v. Garner, the United States Supreme Court rejected the common law rule which had permitted the use of deadly force to prevent the escape of an unarmed suspected felon. The Court held that deadly force cannot be used to prevent an escape unless the arresting officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The United States Supreme Court noted that "apparently" Virginia was one of the few jurisdictions still following the common law rule. However, the only Virginia authority cited, Berry v. …