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Full-Text Articles in Evidence

The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein Apr 2018

The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein

University of Miami Law Review

In all of the federal circuit courts of appeals, application of Rule 404(b) of the Federal Rules of Evidence has been distorted by judicially-created “tests” that, while intended to assist trial courts in properly admitting or excluding evidence, do not actually test for the kind of evidence prohibited by this rule. Rule 404(b) prohibits evidence of “crimes, wrongs, or other acts” if the purpose for admitting the evidence is to prove action in accordance with a character trait. This evidence is commonly referred to as “propensity” evidence, or “once a drug dealer, always a drug dealer” evidence.

This ...


Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles Aug 2016

Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles

University of Miami Law Review

False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include ...


A Response To Professor Graham, Thomas Dillickrath Jul 2001

A Response To Professor Graham, Thomas Dillickrath

University of Miami Law Review

No abstract provided.


Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr. Jul 2001

Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr.

University of Miami Law Review

No abstract provided.


Response, Yvette J. Bessent Jul 2001

Response, Yvette J. Bessent

University of Miami Law Review

No abstract provided.


Hypotherical Fact-Pattern Jul 2001

Hypotherical Fact-Pattern

University of Miami Law Review

No abstract provided.


Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller Jul 2001

Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller

University of Miami Law Review

No abstract provided.


Navigating Between Extremes: The Florida Supreme Court's Rulings On The Admission Of Similar Fact Evidence In Child Sexual Abuse Cases, George Franklin Jul 2001

Navigating Between Extremes: The Florida Supreme Court's Rulings On The Admission Of Similar Fact Evidence In Child Sexual Abuse Cases, George Franklin

University of Miami Law Review

No abstract provided.


When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt Jul 2001

When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt

University of Miami Law Review

No abstract provided.


Reply To Professor Ehrhardt, Michael D. Sanger Jul 2001

Reply To Professor Ehrhardt, Michael D. Sanger

University of Miami Law Review

No abstract provided.


Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson Jul 2001

Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson

University of Miami Law Review

No abstract provided.


The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc Jul 2001

The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc

University of Miami Law Review

No abstract provided.


A Response To Professor Mueller, Jennifer Christianson Jul 2001

A Response To Professor Mueller, Jennifer Christianson

University of Miami Law Review

No abstract provided.


Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell Jul 2001

Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell

University of Miami Law Review

No abstract provided.


A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra Jul 2001

A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


Admissibility Of Plea Agreements On Direct Examination: The Limits Vanish, Professor Daniel J. Capra Jul 2001

Admissibility Of Plea Agreements On Direct Examination: The Limits Vanish, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic Jul 2001

Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic

University of Miami Law Review

No abstract provided.


A Reply To Professor Capra, Joëlle Harvic Jul 2001

A Reply To Professor Capra, Joëlle Harvic

University of Miami Law Review

No abstract provided.


Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra Jul 2001

Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


The Future Implications Of Lilly V. Virginia, Jennifer Christianson Jul 2001

The Future Implications Of Lilly V. Virginia, Jennifer Christianson

University of Miami Law Review

No abstract provided.


Rebuttal, Bryant M. Richardson Jul 2001

Rebuttal, Bryant M. Richardson

University of Miami Law Review

No abstract provided.


Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath Jul 2001

Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath

University of Miami Law Review

No abstract provided.


How Much Is Too Much? Rule 704(B) Opinions On Personal Use Vs. Intent To Distribute, Dana R. Hassin Jul 2001

How Much Is Too Much? Rule 704(B) Opinions On Personal Use Vs. Intent To Distribute, Dana R. Hassin

University of Miami Law Review

No abstract provided.


Admissibility Of Polygraph Evidence And Repressed Memory Evidence When Offered By The Accused, Yvette J. Bessent Jul 2001

Admissibility Of Polygraph Evidence And Repressed Memory Evidence When Offered By The Accused, Yvette J. Bessent

University of Miami Law Review

No abstract provided.


A Response To Professor Graham, Brett C. Powell Jul 2001

A Response To Professor Graham, Brett C. Powell

University of Miami Law Review

No abstract provided.


Reply To Professor Ehrhardt, George Franklin Jul 2001

Reply To Professor Ehrhardt, George Franklin

University of Miami Law Review

No abstract provided.


Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras Jul 2001

Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras

University of Miami Law Review

No abstract provided.


The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman Jul 2001

The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman

University of Miami Law Review

No abstract provided.


Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger Jul 2001

Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger

University of Miami Law Review

No abstract provided.


Admissibility Of Plea Agreements On Direct Examination- Are There Any Limits?, James D. Carlson Jul 2001

Admissibility Of Plea Agreements On Direct Examination- Are There Any Limits?, James D. Carlson

University of Miami Law Review

No abstract provided.