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Articles 1 - 30 of 40
Full-Text Articles in Evidence
Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab
Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab
West Virginia Law Review
No abstract provided.
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
During its 2005 session, the Georgia General Assembly passed legislation, commonly known as Senate Bill 3, that will, if upheld by the courts, dramatically impact Georgia's civil justice system. Two provisions of Senate Bill 3 will change Georgia evidence law. The Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1(f), discussed in more detail below, purports to adopt Federal Rule of Evidence 702, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. , and create special rules for expert testimony in medical negligence actions. A new rule for the admission of mistake or error by medical providers …
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.
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 …
Howerton V. Arai Helmet, Ltd. Last Dance With The Daubert-Kumho Decisions: One Step Forward From Two Steps Back, Lisa Alumbaugh Kamarchik
Howerton V. Arai Helmet, Ltd. Last Dance With The Daubert-Kumho Decisions: One Step Forward From Two Steps Back, Lisa Alumbaugh Kamarchik
North Carolina Central Law Review
No abstract provided.
A Shock To The System: Analyzing The Conflict Among Courts Over Whether And When Excited Utterances May Follow Subsequent Startling Occurrences In Rape And Sexual Assault Cases, Colin Miller
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
Indiana Law Journal
No abstract provided.
"Electronic Fingerprints": Doing Away With The Conception Of Computer-Generated Records As Hearsay, Adam Wolfson
"Electronic Fingerprints": Doing Away With The Conception Of Computer-Generated Records As Hearsay, Adam Wolfson
Michigan Law Review
One night, in the hours just before daybreak, the computer servers at Acme Corporation's headquarters quietly hum in the silence of the office's darkened hallways. Suddenly, they waken to life and begin haphazardly sifting through their files. Several states away, a hacker sits in his room, searching through the mainframe via an internet connection. His attack is quick-lasting only a short five minutes-but the evidence of invasion is apparent to Acme's IT employees when they come in to work the next morning. Nearly a year later, federal prosecutors bring suit in the federal district court against the person they believe …
In Search Of A Theory Of Public Memory: The State, The Individual, And Marcel Proust, Brian F. Havel
In Search Of A Theory Of Public Memory: The State, The Individual, And Marcel Proust, Brian F. Havel
Indiana Law Journal
This Article posits the existence and pervasiveness of an official public (or State) memory that is primarily constructed using public law devices and statements of official policy. While official public memory serves the purposes of social control and stability, it also seeks to mask contestation and is, accordingly, neither complete nor authentic. Using philosophical, scientific, and literary sources, this Article demonstrates how the affective (emotional) memory that is unique to individuals creates a permanent potential for contestation and authenticity and therefore sets a natural conceptual limit to the power of officially managed memory to contrive the past. To help establish …
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Indiana Law Journal
No abstract provided.
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
University of Michigan Journal of Law Reform
Judges are the gatekeepers of evidence. Arguably, the most difficult duty for a judicial gatekeeper is to screen the reliability of expert opinions in scientific fields such as medicine that are beyond the ken of most judges. Yet, judges have a duty to scrutinize such expert opinion evidence to determine its reliability and admissibility. In toxic tort cases, the issue of causation-whether the alleged exposures actually caused the plaintiffs injury-is nearly always the central dispute, and determining admissibility of expert causation opinion is a daunting challenge for most judges. We present a comprehensive review of the courts' struggles with the …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
This year's survey must begin, as have most recent surveys, with a lament over the decreasing number of noteworthy Eleventh Circuit decisions addressing evidentiary issues. In stark contrast to the days when the Eleventh Circuit rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now studiously defers to district court judges. The abuse of discretion standard, which has always been the standard of review of a district court's evidentiary rulings, has become the standard of review in practice as well as in name.
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
San Diego International Law Journal
This Article argues that given the unique and significant contribution of journalists to uncovering and documenting war crimes, the ICC should amend its evidentiary rules to recognize a qualified journalist's privilege. In doing so, the ICC should clearly identify who may benefit from such a privilege, clarify a procedure for balancing the need of reportorial testimony against prosecution and defense interests, and, lastly provide for mandatory consultations between the court and affected news organizations or journalists before allowing the issuance of a subpoena. Such clarity will benefit not only journalists working in war zones and the ICC, but will provide …
Damaged Goods: Why, In Light Of The Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend The Federal Rules Of Evidence, Michael S. Vitale
Damaged Goods: Why, In Light Of The Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend The Federal Rules Of Evidence, Michael S. Vitale
Vanderbilt Law Review
Since the 1980s, a wide range of courts and commentators have expressed concern over large punitive damages awards handed out by civil juries against a wide array of tortfeasors. A late 2001 study revealed that from 1985 to 2001, eight multi-billion dollar punitive damages awards were granted, with four of them being handed down in the years 1999 to 2001 alone.' Not surprisingly, all but one of these verdicts were handed down against large corporations. Among the current members of the U.S. Supreme Court, Justice John Paul Stevens in particular has regularly noted the especially dangerous tendency the current punitive …
Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco
University of Arkansas at Little Rock Law Review
No abstract provided.
A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody
A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett
The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett
West Virginia Law Review
No abstract provided.
Aedpa Deference And The Undeveloped State Factual Record: Monroe V. Angelone And New Evidence, Rachel E. Wheeler
Aedpa Deference And The Undeveloped State Factual Record: Monroe V. Angelone And New Evidence, Rachel E. Wheeler
William & Mary Law Review
No abstract provided.
Repercussions Of Crawford V. Washington: A Child's Statement To A Washington State Child Protective Services Worker May Be Inadmissible, Heather L. Mckimmie
Repercussions Of Crawford V. Washington: A Child's Statement To A Washington State Child Protective Services Worker May Be Inadmissible, Heather L. Mckimmie
Washington Law Review
Before the landmark United States Supreme Court case of Crawford v. Washington, Washington State courts often admitted statements of unavailable alleged child abuse victims through the hearsay testimony of Washington State Child Protective Services (CPS) workers. In Crawford, the U.S. Supreme Court announced a new "testimonial" standard for the admissibility of out-of-court statements. The Court held that the Confrontation Clause of the Sixth Amendment bars testimonial out-of-court statements unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant. The Court did not clearly define the term testimonial, which left the matter open …
The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris
The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris
William & Mary Environmental Law and Policy Review
No abstract provided.
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, Ralph Ruebner, Timothy Scahill
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, Ralph Ruebner, Timothy Scahill
Loyola University Chicago Law Journal
No abstract provided.
Crawford V. Washington: A Small Advantage For Criminal Defense In Cases Where Prosecution Seeks To Introduce Hearsay Evidence, Jason W. Eldridge
Crawford V. Washington: A Small Advantage For Criminal Defense In Cases Where Prosecution Seeks To Introduce Hearsay Evidence, Jason W. Eldridge
William Mitchell Law Review
This article will examine the Crawford holding and its effects on hearsay law in criminal trials in Minnesota. First, it will attempt to explain the Crawford holding and the Supreme Court’s analysis. Next, it will examine Crawford’s general effect on the Minnesota Rules of Evidence concerning hearsay. Then, this article will consider Crawford’s effect upon criminal cases and some of the arguments it presents for criminal defense attorneys and prosecutors. Finally, this article will conclude that the Crawford decision is a small boon for criminal defense attorneys.
The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz
The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz
William Mitchell Law Review
A recanting witness is a liar. Either he lied at trial or he is lying now. When the recanting witness’s new story is joined by others, so that his solo is now a chorus, the judicial system must find the delicate balance between fairness to society and protection of the individual defendant’s rights. When the case is old and the recanting witnesses many, the difficulty of finding that balance is even greater. Such were the circumstances facing the Minnesota Supreme Court when, in 2004, it heard the case of Darby Opsahl, a man convicted in 1992 of a murder that …
The Sui Generis Infallible Sniffing Dog And Other Legal Fictions: Illinois V. Caballes, Jerry E. Norton
The Sui Generis Infallible Sniffing Dog And Other Legal Fictions: Illinois V. Caballes, Jerry E. Norton
Public Interest Law Reporter
No abstract provided.
Rules Of Or Substantive Law: Who Controls An Individual's Right To Choose A Lawyer In Today's Corporate Environment, 38 J. Marshall L. Rev. 1265 (2005), Joan Colson
UIC Law Review
No abstract provided.
Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii
Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii
UIC Law Review
No abstract provided.
What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini
What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini
UIC Law Review
No abstract provided.
An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine
An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine
Seattle University Law Review
This article reviews the Blakely decision and the Washington Legislature's response in S.B. 5477. Part II discusses the problem that Blakely created for Washington's sentencing guidelines system. Part III analyzes the judicial advisory and bifurcated trial proposals and explains why Washington wisely adopted the bifurcated trial approach. Part IV identifies key issues that are raised by using a bifurcated trial and analyzes how S.B. 5477 addresses, or fails to address, those issues. Finally, Part V concludes by suggesting that the legislature should have provided for the following in its bill responding to the Blakely decision: a provision allowing bifurcation for …
Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris
Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris
Seattle University Law Review
10101101: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be data, and 10101001 to be voice communications. Courts have constructed a distinction between data, 10101101, and voice, 10101001. However, that distinction is blurred when voice and data are simultaneously transmitted through the same medium. The courts forbid third parties to tap or monitor voice communications, yet permit data packets to be tracked, stored, and sold by third parties with the implied consent of either party engaged in the …
Groh V. Ramirez: Strengthening The Fourth Amendment Particularity Requirement, Weakening Qualified Immunity, C. Brandon Rash
Groh V. Ramirez: Strengthening The Fourth Amendment Particularity Requirement, Weakening Qualified Immunity, C. Brandon Rash
University of Richmond Law Review
No abstract provided.