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Full-Text Articles in Law

Restoring The Presumption Of Innocence: Protecting A Defendant’S Right To A Fair Trial By Closing The Door On 404(B) Evidence, Aaron Diaz Sep 2020

Restoring The Presumption Of Innocence: Protecting A Defendant’S Right To A Fair Trial By Closing The Door On 404(B) Evidence, Aaron Diaz

St. Mary's Law Journal

Congress enacted the Federal Rules of Evidence to govern evidentiary procedures and “eliminate unjustifiable expense and delay.” In criminal cases, for example, Federal Rule of Evidence 404(b) seeks to prevent prosecutors from improperly introducing a defendant’s past misdeeds. Nevertheless, prosecutors often attempt to introduce a defendant’s past misconduct to suggest that a defendant has a propensity to commit crimes, which is improper character evidence. Unsurprisingly, 404(b) is one of the most litigated evidence rules and has generated more published opinions than any other subsections of the Rules. And despite efforts to amend Rule 404(b), the rule has remained virtually untouched. …


The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England Jan 2009

The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England

Publications

This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.


Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller Jan 1995

Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller

Publications

No abstract provided.


Panel Discussion Jan 1994

Panel Discussion

Touro Law Review

No abstract provided.


Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt Jan 1994

Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Trances, Trials, And Tribulations, Gary M. Shaw Jan 1994

Trances, Trials, And Tribulations, Gary M. Shaw

Touro Law Review

No abstract provided.


Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait Jan 1994

Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait

Touro Law Review

No abstract provided.


A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken Jan 1994

A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken

Touro Law Review

No abstract provided.


Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller Jan 1992

Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller

Publications

No abstract provided.


Meta-Evidence: Do We Need It?, Christopher B. Mueller Jan 1992

Meta-Evidence: Do We Need It?, Christopher B. Mueller

Publications

No abstract provided.


Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller Jan 1978

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Publications

No abstract provided.


Prior Consistent Statements, Arthur H. Travers Jr. Jan 1978

Prior Consistent Statements, Arthur H. Travers Jr.

Publications

No abstract provided.


Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller Jan 1977

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Publications

No abstract provided.


An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr. Jan 1977

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.


Developments In The Law Of Coerced Confessions, Howard Klemme Jan 1954

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.