Evidence Commons

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Recent Articles in Evidence

The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm Seattle University School of Law

The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm

Seattle University Law Review

This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part ...


“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz Seattle University School of Law

“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz

Seattle University Law Review

The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.


Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor University of Maryland Francis King Carey School of Law

Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor

Journal of Business & Technology Law

No abstract provided.


People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl Pepperdine University

People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl

Pepperdine Law Review

No abstract provided.


The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr Pepperdine University

The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr

Pepperdine Law Review

No abstract provided.


Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson Pepperdine University

Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson

Pepperdine Law Review

No abstract provided.


Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss Pepperdine University

Weatherford V. Bursey: "Surreptitious Invasion… Into The Legal Camp Of The Defense", Paul H. Voss

Pepperdine Law Review

No abstract provided.


Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields Pepperdine University

Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields

Pepperdine Law Review

No abstract provided.


Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm Pepperdine University

Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm

Pepperdine Law Review

No abstract provided.


Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome, Katie Davey Western University

Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome, Katie Davey

University of Western Ontario - Electronic Thesis and Dissertation Repository

Little is known about how and when the Psychopathy Checklist Revised (PCL-R) is being introduced into Canadian Courts or how it affects sentencing outcomes. Using the Lexis-Nexis Quicklaw Academic Database to retrieve judge’s sentencing decisions, all 274 cases with PCL-R information for Canadian courts were included in this study. It was hypothesized correctly that PCL-R information would most often be introduced in Long Term Offender (LTO) and Dangerous Offender (DO) applications as well as sentencing cases for murderers and sex offenders. The 274 cases were then reduced to 37 cases in order to focus on sentencing without Dangerous Offender ...


Research Project, David J. Agatstein Pepperdine University

Research Project, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence For Administrative Law Judges, Christine McKenna Moore Pepperdine University

Evidence For Administrative Law Judges, Christine Mckenna Moore

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway Pepperdine University

Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Vocational Testimony In Social Security Hearings, Daniel F. Solomon Pepperdine University

Vocational Testimony In Social Security Hearings, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt Pepperdine University

Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Polygraph Examinations In Administrative Proceedings: Mcgowan V. City Of Bloomington, David J. Agatstein Pepperdine University

Polygraph Examinations In Administrative Proceedings: Mcgowan V. City Of Bloomington, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Unrebutted Evidence, E. J. Watts, David J. Agatstein Pepperdine University

Unrebutted Evidence, E. J. Watts, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander Pepperdine University

Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence Column, Paul Troeh Jr. Pepperdine University

Evidence Column, Paul Troeh Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Two Notes On Evidence: Privileges And Hearsay, J. W. Deese Pepperdine University

Two Notes On Evidence: Privileges And Hearsay, J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.