Evidence Commons^™

Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

This title represents a congressional attempt to codify the court-developed civil contempt practice. When a witness is granted immunity and still refuses to answer the question presented to him he can be ordered by a court to answer the specific question. Upon his continued refusal, a court can have him confined summarily until he complies with such order, or until he is no longer able to comply. Such confinement is not intended to be punitive in nature, but rather to coerce compliance with the court's order by imposing imprisonment as an alternative to answering the question. The witness will be …

Title Iv - False Declarations, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title IV was designed to facilitate the bringing of federal perjury prosecutions, thereby strengthening the deterrent value of the perjury penalties and acting as a greater incentive for truthful testimony. It establishes a new false declarations statute applicable to court and grand jury proceedings, with maximum penalty slightly increased over that allowable under the previously controlling perjury statute.

Title Vi - Depositions, Peter A. Kelly

University of Michigan Journal of Law Reform

Title VI expands Rule 15 of the Federal Rules of Criminal Procedure to permit the Government to depose its witnesses in certain limited classes of cases. Previously only the defendant had been accorded this right. Upon the motion of either party at any time after a criminal indictment or information has been filed, the court may order that the testimony of the party's witnesses be taken by deposition if "due to exceptional circumstances it is in the interest of justice" that such testimony be taken and preserved. Such exceptional circumstances were intended by Congress to include the existence of a …

Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive

Michigan Law Review

It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …

Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review

Michigan Law Review

Following a bank robbery, the bank manager and his wife provided descriptions enabling an agent of the Federal Bureau of Investigation to compose drawings of the robbers which were then "approved" by each of these witnesses as being substantially accurate. At the defendant's trial four years later, he was identified by the manager and his wife as one of the robbers. The defendant, in an attempt to impeach their testimony, requested that the government be compelled under the Jencks Act to produce the original composite drawings. The trial court denied this request, stating that the production of these drawings was …

Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review

Michigan Law Review

Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …

Reevaluation Of The Dead Man's Statute, Ronald R. Brown

West Virginia Law Review

No abstract provided.

Corroboration Of Accomplice Testimony In Federal Criminal Cases, Lester B. Orfield

Villanova Law Review

No abstract provided.

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.

Witness Privilege Against Self-Incrimination In The Civil Law, Manfred Pieck

Villanova Law Review

No abstract provided.

Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Evidence--Prohibition Of Spousal Testimony In Criminal Trials--Common Law Rule Upheld, J. J. P.

West Virginia Law Review

No abstract provided.

Attendance Of Out-Of-State Witnesses In Criminal Trials

Washington and Lee Law Review

No abstract provided.

Abstracts Of Recent Cases, A. G. H.

West Virginia Law Review

No abstract provided.

The West Virginia Dead Man's Statute, Stanley E. Dadisman

West Virginia Law Review

No abstract provided.

Medical-Legal Relations - The Brighter Side, C. Joseph Stetler

Villanova Law Review

No abstract provided.

Torts - Malpractice - Medicolegal Relations - Expert Testimony, Francis R. O'Hara

Villanova Law Review

No abstract provided.

Book Reviews, Robert J. Harris (Reviewer), E. M. Morgan (Reviewer)

Vanderbilt Law Review

Book Reviews

The Fifth Amendment Today By Erwin N. Griswold Cambridge)Mass.: Harvard University Press. Pp. vi, 82. $0.50

reviewer: Robert J. Harris

Handbook of the Law of Evidence By Charles T, McCormick St.Paul: West Publishing Co., 1954, pp. xxviii, 774.

reviewer: E. M. Morgan

Witnesses--Personal Transactions With Persons Deceased At Time Of Trial, A. J. B.

West Virginia Law Review

No abstract provided.

Privileged Communications Between Psychiatrist And Patient, Manfred S. Guttmacher, Henry Weihofen

Indiana Law Journal

No abstract provided.

Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.

Michigan Law Review

Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …

Physician-Patient Privilege-Waiver In Deed And Will Contests

Indiana Law Journal

No abstract provided.

Witnesses--Power To Compel Expert Testimony, J. W. S. Jr.

West Virginia Law Review

No abstract provided.

Evidence-Weight To Be Given Blood Test Evidence In Paternity Proceedings. [California]

Washington and Lee Law Review

No abstract provided.

Physician's Opinion Based On Unsupported Influences

Indiana Law Journal

Notes and Comments: Evidence

Privileged Communications

Indiana Law Journal

Notes and Comments: Evidence

Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell

Michigan Law Review

Following the report of the Commonwealth Fund Committee, in which they advocated the adoption of a model act to govern the admission of business entries as evidence, a comparatively small number of states have enacted legislation of this kind, either the model act or an act of similar nature. The extent of this comment is to show: (1) in what states hospital records have been held not to be admissible as business entries, the states where there has been no decision on the subject, and the states where the status of the rule is in doubt; (2) the states where …

Labor Law - "Substantial" Evidence To Support The Fact Findings Of The National Labor Relations Board, Michigan Law Review

Michigan Law Review

Three employees of respondent company, members of a union, were discharged. They had attended an organization meeting of the union two days previous to their discharge. Two hundred of the company's fifteen hundred employees attended, of whom eighteen, including these three, stayed when asked to join. The alleged reasons of the company for the discharge of these men were that one took a fifty-cent lamp at a company banquet a month previously, that another destroyed raw material through faulty adjustment of his machine, and that the third openly expressed resentment because not promoted. As against this, the evidence showed that …

Evidence--Incompetency Of Witnesses--Time Of Objection, M. E. L., E. W. E.

West Virginia Law Review

No abstract provided.

The Effect In Virginia Of Conviction Of Crime On Competency And Credibility Of Witnesses, Dudley Warner Woodbridge

Faculty Publications

No abstract provided.