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Articles 1 - 12 of 12
Full-Text Articles in Evidence
Evidence, Joseph B. Harvey
Evidence, Joseph B. Harvey
Cal Law Trends and Developments
The principal developments and trends to be noted in the law of evidence appeared this year in appellate Court decisions. The legislative changes were few. Only one legislative change seems likely to be of any significance and will be felt primarily by drivers accused of being under the influence of intoxicating liquor. For lawyers, the notable developments appear in the case law; it is likely that the courts will remain the primary arena for the development of the law of evidence for some time to come.
Evidence, Joseph B. Harvey
Evidence, Joseph B. Harvey
Cal Law Trends and Developments
On January 1, 1967, the California Evidence Code began to govern trials held in California courts. Because of the delays necessarily incident to litigation, the appellate courts were not called upon to review trials held under the new rules in significant numbers until 1968. With the 1968 decisions, however, the impact of the Code upon California practice has become fairly apparent. At the same time, the courts have continued to develop rules of evidence designed to implement the various procedural guarantees found in the Constitution of the United States, and some of these court-developed rules have had significant effect, particularly …
Evidence, Ronan E. Degnan
Evidence, Ronan E. Degnan
Cal Law Trends and Developments
This survey is concerned with case law as well as with statutes, but the cases selected will be of primary interest because they shed some light on how California courts are apt to interpret the statutes. Somewhat paradoxically, this requires some preference for dictum over holding. The clear holdings from all but the very end of the calendar year were applications of the old law, because the appellate courts were still disposing of the cases that had gone to trial before January 1, 1967. But the appellate judges were alert to the new Code, and frequently they would consider how …
Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein
Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein
Golden Gate University Law Review
This Note analyzes the Young court’s opinion and the potential consequences of the majority’s cursory rejection of the government’s inevitable discovery argument. This Note also reconciles the differing applications of the inevitable discovery doctrine by the Young majority and dissent and highlights the speculative nature of employing the inevitable discovery doctrine based on the facts of Young. Part I of this Note presents the background of the case and the historical development of Fourth Amendment jurisprudence, focusing on the inevitable discovery doctrine as articulated by the Supreme Court in Nix v. Williams. Part II outlines the Young decision and analyzes …
United States V. Payton: Redefining The Reasonableness Standard For Computer Searches And Seizures, Susan A. Rados
United States V. Payton: Redefining The Reasonableness Standard For Computer Searches And Seizures, Susan A. Rados
Golden Gate University Law Review
This Note examines United States v. Payton and the issue of when it is reasonable to search a computer if it is not expressly authorized on the search warrant. Part I discusses the background facts of Payton and the Fourth Amendment. Part II analyzes why the Ninth Circuit ultimately decided Payton correctly but focused on the wrong underlying reason in its holding. The reasonableness standard for computer searches should be whether the computer “could” contain the evidence, rather than the stricter standard of “would” contain the evidence announced in Payton. However, because computers are different from traditional containers, they should …
Possession Of Reading Material And Intent To Commit A Crime In United States V. Curtin, Anna L. Benvenue
Possession Of Reading Material And Intent To Commit A Crime In United States V. Curtin, Anna L. Benvenue
Golden Gate University Law Review
The majority opinion in United States v. Curtin held that simple possession of reading material can be evidence of a defendant's criminal intent, even without proof that the accused ever read the materials. Circuit Judge Stephen S. Trott, who wrote the majority decision, overruled prior Ninth Circuit precedent that would have made such evidence inadmissible as irrelevant under Federal Rule of Evidence 401. However, the majority also found the district court judge's failure to properly analyze the evidence under Rule 403 warranted reversal and remand. As a result, the remaining seven judges on the panel filed or joined concurrences, rather …
To Download Or Not To Download: Is Mere Membership Enough To Justify A Search Of A Home Computer For Child Pornography Under United States V. Gourde?, Erin Frazor
Golden Gate University Law Review
In the nine to two decision by the en banc Ninth Circuit panel in United States v. Gourde, the court ruled that probable cause existed to search the defendant's home computer based in part on his two-month subscription to a website that offered child pornography. The majority opinion sought to conform to Supreme Court precedent in its probable cause analysis, while the dissenting opinions expressed great concern about the door being opened to this type of governmental invasion of privacy. Gourde has sparked reactions by commentators regarding the implications of the decision, and has influenced the analysis of subsequent child …
Technology - Konop V. Hawaiian Airlines, Inc., Patricia Defonte
Technology - Konop V. Hawaiian Airlines, Inc., Patricia Defonte
Golden Gate University Law Review
In Konop v. Hawaiian Airlines Inc., the United States Court of Appeals for the Ninth Circuit held that the unauthorized access of the content of a secure website is a violation of the Wiretap Act and the Stored Communications Act. This is the first case to determine whether unauthorized accessing of a secure private website is a violation of the Wiretap Act. This decision is contrary to an earlier decision by the Fifth Circuit in United. States v. Turk, which held that the Wiretap Act required contemporaneous transmission and acquisition of the communication. The Ninth Circuit concluded that the scope …
A Hearsay Exception For Physical Abuse, Karleen F. Murphy
A Hearsay Exception For Physical Abuse, Karleen F. Murphy
Golden Gate University Law Review
This Comment will trace the history of the hearsay rule under both common law and California law. It examines the early use of the common law state of mind hearsay exception regarding statements of fear and physical abuse. It will also discuss the enactment of the California Evidence Code (hereinafter "Code") and the later codification of the state of mind hearsay exception. In addition, it will examine People v. Ruiz, a case which applied the Code's state of mind hearsay exception to prohibit statements regarding the victims' fear of the defendant and the physical abuse which the defendant inflicted on …
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Golden Gate University Law Review
This article discusses how courts admit and exclude threat hearsay in the domestic homicide context and suggests an approach for admission of such evidence. After analyzing the current evidentiary status of the victim's statements regarding threats in homicide cases in which an apparently abusive spouse/partner is accused, I argue for adoption of a new hearsay exception that permits systematic admission of victims' statements concerning threats and violence by the accused. The victim can no longer speak for herself because she has been killed, often because the law is apparently helpless to intervene on her behalf, even when asked. Consequently, the …
California's Newsgatherer's Shield: Inconsistent Interpretation Means Inadequate Protection, Nora Linda Rousso
California's Newsgatherer's Shield: Inconsistent Interpretation Means Inadequate Protection, Nora Linda Rousso
Golden Gate University Law Review
This Comment will initially discuss the history of the shield law in California and examine how it has been defined by the courts in the leading cases. It will also discuss New York Times, Delaney and Hallissy in terms of the courts' application of the shield law to those cases. The analyses of New York Times and Hallissy will be contrasted with that of Delaney. This Comment will attempt to show how the New York Times/Hallissy analysis could have been applied to the facts of Delaney and still have yielded the same result. Recommendations will be made with respect to …
Raising The Standard For Expert Testimony: An Unwarranted Obstacle In Proving Claims Of Child Sexual Abuse In Dependency Hearings, Matthew J. Dulka
Raising The Standard For Expert Testimony: An Unwarranted Obstacle In Proving Claims Of Child Sexual Abuse In Dependency Hearings, Matthew J. Dulka
Golden Gate University Law Review
This comment will examine the Amber B. court's decision to characterize evidence provided by the mental health professionals as scientific evidence and not as expert opinion. Secondly, this comment will explore the desirability of imposing the scientific evidence standard, usually applied in criminal cases, to dependency hearings. Finally, this comment will discuss the implications of the Amber B. decision in light of the already present evidentiary difficulties of proving child sexual abuse claims and the social policy of protecting the welfare of the abused child.