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Evidence Commons

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Full-Text Articles in Evidence

A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan Nov 2017

A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan

University of Richmond Law Review

No abstract provided.


Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr. Nov 2014

Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson

Law Faculty Scholarly Articles

How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …


Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson Jan 1999

Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson

Law Faculty Scholarly Articles

The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This Article is a survey of recent developments in evidence law. It focuses on specific issues, including statements for medical treatment or diagnosis, tape recordings, "probativeness" versus "prejudice," and others.


Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy Jan 1993

Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy

Kentucky Law Journal

No abstract provided.


Discovery In Kentucky: An Overview, Richard H. Underwood Jan 1984

Discovery In Kentucky: An Overview, Richard H. Underwood

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Evidence, Richard H. Underwood Jan 1983

Kentucky Law Survey: Evidence, Richard H. Underwood

Law Faculty Scholarly Articles

Kentucky courts faced a number of significant issues in evidence law during the Survey period. Several decisions dealt with character evidence and problems arising from the admission of evidence of prior criminal acts of the accused, either as substantive evidence or for impeachment. This Survey will highlight these cases and to a lesser degree discuss cases on hearsay admissions, opinion, the Kentucky Dead Man Statute and privilege, which also were decided during the Survey period.


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1978

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article is a survey of Kentucky law on evidence. Almost as often as not the government's case in criminal litigation will contain evidence indicating that the accused committed some offense other than the one for which he is being tried. Consequently a set of rules to control the use of evidence of "other crimes" has evolved. In most jurisdictions it consists of a single rule that prohibits the use of such evidence against a defendant along with a group of exceptions that virtually engulfs the prohibition against admissibility. Kentucky law is so structured. As all lawyers who engage in …


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1975

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on evidence. The author discusses: impeachment of an accused by felony convictions, the “Cotton” doctrine, vehicular accidents and expert opinions, and the burden of proof in criminal cases.


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1975

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on evidence. The author discusses: the “Cotton” doctrine, hearsay and the reported testimony exception, learned treatises, and the best evidence rule.


Res Gestae And The Excited Utterance: An Explanation Of The Kentucky Approach, Henry L. Stephens Jan 1975

Res Gestae And The Excited Utterance: An Explanation Of The Kentucky Approach, Henry L. Stephens

Kentucky Law Journal

No abstract provided.


Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark Jan 1973

Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark

Kentucky Law Journal

No abstract provided.


Impeachment Of Witness Credibility By Use Of Past Conviction Evidence--Kentucky Court Of Appeals Adopts A New Rule, James T. Hodge, Kenneth Gregory Haynes Jan 1970

Impeachment Of Witness Credibility By Use Of Past Conviction Evidence--Kentucky Court Of Appeals Adopts A New Rule, James T. Hodge, Kenneth Gregory Haynes

Kentucky Law Journal

No abstract provided.


The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson Jan 1968

The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson

Law Faculty Scholarly Articles

Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …


Admissibility Of Oral Declarations Of A Testator To Prove A Lost Will In Kentucky, Bertel M. Sparks Jan 1948

Admissibility Of Oral Declarations Of A Testator To Prove A Lost Will In Kentucky, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.


Coram Nobis In Kentucky, Grant F. Knuckles Jan 1942

Coram Nobis In Kentucky, Grant F. Knuckles

Kentucky Law Journal

No abstract provided.


Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment Apr 1931

Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment

Michigan Law Review

ln an action against an employer for personal injuries, after the plaintiff had testified as to negligence of a fellow servant, his signed statement detailing a contrary account of the injury was introduced. The trial judge charged that the statement was admissible only for the purpose of contradicting the plaintiff's testimony. Held, it was admissible as a declaration against interest with probative value, as well as to impeach the plaintiff's testimony. Pub. Utilities Corp. v. Carden (Ark. 1930) 32 S.W.(2d) 1058.