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Evidence Commons

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Criminal Procedure

Mercer University School of Law

Journal

2000

Articles 1 - 2 of 2

Full-Text Articles in Evidence

Lilly V. Virginia: Answering The Williamson Question—Is The Statement Against Penal Interest Exception "Firmly Rooted" Under Confrontation Clause Analysis?, Kim Mark Minix Jul 2000

Lilly V. Virginia: Answering The Williamson Question—Is The Statement Against Penal Interest Exception "Firmly Rooted" Under Confrontation Clause Analysis?, Kim Mark Minix

Mercer Law Review

In Lilly v. Virginia the United States Supreme Court reaffirmed the principle that the statement against penal interest exception to the hearsay rule is too large a class for effective Confrontation Clause analysis. However, the Court held that confessional statements made by an accomplice that incriminate a criminal defendant, a subcategory of this exception, are not within a "firmly rooted" exception as recognized under the Confrontation Clause.


Kumho Tire Co. V. Carmichael: Daubert'S Gatekeeping Method Expanded To Apply To All Expert Testimony, Jeanne Wiggins Jul 2000

Kumho Tire Co. V. Carmichael: Daubert'S Gatekeeping Method Expanded To Apply To All Expert Testimony, Jeanne Wiggins

Mercer Law Review

In Kumho Tire Co. v. Carmichael, the United States Supreme Court held that while the Daubert factors for determining the admissibility of expert testimony are neither determinative nor exhaustive, the gatekeeping function articulated in Daubert requires an examination of the reliability of all types of expert testimony and is not limited in application to scientific expert testimony.