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Articles 1 - 13 of 13
Full-Text Articles in Law
Motions For Production Of Documents - Texas Style ., Eugene B. Labay
Motions For Production Of Documents - Texas Style ., Eugene B. Labay
St. Mary's Law Journal
A well-prepared motion for production of documents is important to the discovery of facts that are essential to the prosecution or defense of a civil case. Litigants may compel the opposing party to release documents, writing, and other records that are necessary to prosecute or defend a cause of action. State and federal courts in Texas encourage a liberal construction of the rules governing discovery in order to narrow the issues in dispute at trial. The state and federal courts’ approach is also premised on the moving party’s entitlement to review all documents pertinent to his case. Because of this, …
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
Scholarly Works
Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious “bloody shorts” case is an example in point. There, the state introduced as evidence a pair of men’s “blood-stained” undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because “[ilt …
Probable Cause For Arrest In Indiana: A Prosecutor Hoist With His Own Kinnaird, F. Thomas Schornhorst
Probable Cause For Arrest In Indiana: A Prosecutor Hoist With His Own Kinnaird, F. Thomas Schornhorst
Indiana Law Journal
No abstract provided.
The Psychologist: A Neglected Legal Resource, Eugene E. Levitt
The Psychologist: A Neglected Legal Resource, Eugene E. Levitt
Indiana Law Journal
No abstract provided.
Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger
Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger
Buffalo Law Review
No abstract provided.
Jailing The Innocent: The Plight Of The Material Witness, Ronald L. Carlson
Jailing The Innocent: The Plight Of The Material Witness, Ronald L. Carlson
Scholarly Works
Unknown to many lawyers, American legal history is marred with numerous recorded episodes of extended imprisonment of innocent American citizens. Frequently guiltless of any offense, these citizens are held because they happen to be witnesses to a crime and are financially unable to post a bond to insure their appearance to testify at the trial of the person accused of committing it. Not simply a feature of law from a bygone era, these incidents of imprisonment continue to arise today. Occasionally, a situation occurs wherein the man accused of the crime is released on bail and spends his time before …
Highlights Of The Proposed Federal Rules Of Evidence, Thomas F. Green Jr.
Highlights Of The Proposed Federal Rules Of Evidence, Thomas F. Green Jr.
Scholarly Works
To prepare a draft of proposed rules, the Chief Justice of the United States, as chairman of the Judicial Conference, appointed an Advisory Committee of fifteen members. Membership is comrpised of eight trial attorneys, the former chief of the criminal appeals unit of the Department of Justice, four federal judges, and two members of law school faculties. A third academician, Edward W. Cleary, who before teaching had 11 years of active practice, is Reporter for the Committee, furnishing many of the ideas, doing or directing most of the research, and usually doing the original drafting. After three and a half …
The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris
The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris
West Virginia Law Review
No abstract provided.
Substantive Use Of Extrajudicial Statements Of Witnesses Under The Proposed Federal Rules Of Evidence, Laurie R. Rockett
Substantive Use Of Extrajudicial Statements Of Witnesses Under The Proposed Federal Rules Of Evidence, Laurie R. Rockett
University of Richmond Law Review
With the publication last March of the preliminary draft of the rules of evidence for the lower federal courts, the possibility of implementation of reforms in the law of evidence on a national level is opened for the first time. Although all aspects of the proposed rules will doubtless stimulate discussion, the committee's treatment of the hearsay rule is likely to provoke the most comment.
Evidence--Prior Inconsistent Statements--Court Reverses Long Line Of Decisions, Joel V. Williamson
Evidence--Prior Inconsistent Statements--Court Reverses Long Line Of Decisions, Joel V. Williamson
Kentucky Law Journal
No abstract provided.
Recent Developments, Various Editors
Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason
Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason
San Diego Law Review
In February 1964, Edwin Johnson was indicted by the Yolo County Grand Jury for the crime of incest. The twofold basis of the indictment lay in the testimony of his 15-year-old daughter, Elaine, who stated that he had engaged in an act of sexual intercourse with her on January 11, 1964; and in the testimony of his wife, Eleanor, who claimed that she had observed occasions of sex play between her husband and daughter. At trial in January 1967, however, both witnesses denied that defendant had engaged in any illicit sexual relations with Elaine. To negate these denials, the prosecution, …
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Cleveland State Law Review
This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.