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- Hearsay (4)
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Articles 1 - 14 of 14
Full-Text Articles in Evidence
The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
Campbell Law Review
Using the experience of the federal courts under the 2006 Amendments as a guide, this Article examines H.B. 380 and the effect it will have on the discovery process in the state courts. Part I of this Article describes the litigation challenges created by the proliferation of ESI. Part II describes the history, structure and substance of the 2006 Amendments, and discusses their impact in the areas of cooperation and the use of proportionality principles in the federal courts. Part III describes the substance and structure of the rules changes encompassed by H.B. 380, and analyzes the effect that they …
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Campbell Law Review
Waiver of the attorney-client privilege due to inadvertent disclosure is an important issue that courts and litigants have grappled with for a long time. With electronic discovery becoming increasingly common, and with electronic privilege reviews replacing paper reviews, the issue takes on greater importance. The risk of inadvertently disclosing privileged or protected information is heightened in electronic discovery because of the very nature of electronic information. For example, although a party makes an effort to segregate and delete privileged information from a computer drive prior to producing the electronic documents to the opposing party, the deleted files may still be …
Another "Straightforward Application": The Impact Of Melendez-Diaz On Forensic Testing And Expert Testimony In Controlled Substance Cases, John Wait
Campbell Law Review
Part I of this Article will analyze Melendez-Diaz with a focus on extracting indicators within the opinion that lend guidance as to how the opinion could be extended to Bullcoming and to expert testimony based on forensic reports in controlled substance cases. Part II will provide an overview of the tests utilized by the SBI to determine the nature and quantity, if any, of suspected controlled substances with the goal of ascertaining who, under Melendez-Diaz, should be subject to confrontation. Part III will provide a prediction of the outcome in Bullcoming. Finally, Part IV will review the pending cases from …
The Admissibility Of Expert Testimony In North Carolina After Howerton: Reconciling The Ruling With The Rules Of Evidence, William A. Woodruff
The Admissibility Of Expert Testimony In North Carolina After Howerton: Reconciling The Ruling With The Rules Of Evidence, William A. Woodruff
Campbell Law Review
Part II of this paper briefly describes the federal rule in order to appreciate the context of the North Carolina approach to expert testimony. Part III traces the development of North Carolina's expert testimony law from the common law to codification in the rules of evidence through the decision in Howerton and reveals that the North Carolina test for reliability is, essentially, an evaluation of the credibility of the testifying expert. Part IV argues that Howerton's adoption of a less stringent and credibility-based substantive test for reliability but retention of the Daubert procedural "gatekeeping" role of the judge in determining …
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Campbell Law Review
No abstract provided.
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Campbell Law Review
No abstract provided.
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
Campbell Law Review
This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the concept …
Constitutional Admissibility Of Hearsay Under The Confrontation Clause: Reliability Requirement For Hearsay Admitted Under A Non-"Firmly Rooted" Exception - Idaho V. Wright, A. Perry Wadsworth Jr.
Constitutional Admissibility Of Hearsay Under The Confrontation Clause: Reliability Requirement For Hearsay Admitted Under A Non-"Firmly Rooted" Exception - Idaho V. Wright, A. Perry Wadsworth Jr.
Campbell Law Review
This note discusses the facts of Idaho v. Wright, examines the history of the admissibility of hearsay under the Confrontation Clause, and analyzes the Wright decision. This note concludes that by excluding the use of corroborative evidence in determining the trustworthiness of non-firmly rooted hearsay, the Court enhances Confrontation Clause protection for criminal defendants, but perhaps at the expense of some crime victims, such as sexually abused children.
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Campbell Law Review
Using the nine modes of impeachment recognized by the common law, I will examine some of the possibilities for impeaching hearsay declarants. As I explore each mode, I will discuss whether extrinsic, as well as intrinsic, evidence may be used to impeach the hearsay evidence.
The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith
The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith
Campbell Law Review
This Note has four objectives. First, the Note examines the facts presented to the Green Court. Second, the Note surveys Rule 609's history and the divergent pre-Green views regarding Rule 609's application in the civil arena. Third, the Note examines Green's analysis and the Supreme Court's conclusion that Rule 609 forecloses any judicial discretion in admitting or excluding prior convictions evidence. And, finally, the Note concludes that North Carolina's Rule 609 should also be interpreted as requiring trial judges to admit prior convictions evidence regardless of unfair prejudice.
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Campbell Law Review
This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.
Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick
Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick
Campbell Law Review
The right to redress wrongfully disclosed confidences through a separate breach of confidence tort is the topic of this Note. Not all disclosures are actionable wrongs. This Note will deal mainly with extrajudicial disclosures of customarily confidential information and will touch only superficially on testimonial privileges. This Note also will examine the inadequacies of theories advanced by many courts thus far as remedies for wrongful disclosures and the justification for the development of a separate breach of confidence tort in North Carolina.
Evidence - Polygraph Test Results No Longer Admissible In North Carolina - State V. Grier, William T. Sharpe
Evidence - Polygraph Test Results No Longer Admissible In North Carolina - State V. Grier, William T. Sharpe
Campbell Law Review
The North Carolina Supreme Court expressly overruled State v. Steele and State v. Milano by its decision in State v. Grier. The Court held that polygraph results are no longer admissible as evidence in civil or criminal trials in North Carolina notwithstanding a prior stipulation by the parties. This note will examine the Court's rationale and the implications of its decision.
Objections - Howls Of A Dog-Pound Quarrel, The Hon. E. Maurice Braswell
Objections - Howls Of A Dog-Pound Quarrel, The Hon. E. Maurice Braswell
Campbell Law Review
An uninterrupted offer of evidence by an attorney during a trial in North Carolina is a rare if not unknown experience in the workday of a Superior Court Judge. At some stage of the proceedings the legally abused and commonly misunderstood word "objection" will be interposed. Objections shatter the presentation of the case being pursued by the offering counsel. Objections generally generate delay, create discord, cause confusion when a novel point is presented, and always require a response from the judge. Because the judge's response provides the roots for appeal, he, as well as counsel, must be knowledgeable of the …