Law Commons^™

The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti

St. Mary's Law Journal

This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.

Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr.

St. Mary's Law Journal

The current composition of the United States Supreme Court increases the probability that the Court will be more likely to side with the government with respect to identifying, evaluating, and reconciling the interest of the government versus those of the people when issues of “policing” reach the high court. This opens the door for state supreme court to independently assess individually and collectively these seemingly competing interests and potentially provide greater protections to the interest of the people.

This Article is a twenty-year study of dozens of state supreme court decisions made during the period of 2000–2020. The decisions focused …

Must A Friend Indeed Reveal A Friend’S Misdeed? Exploring The Merits Of A Friendship Privilege, Michael D. Moberly

St. Mary's Law Journal

Abstract forthcoming.

Restoring The Presumption Of Innocence: Protecting A Defendant’S Right To A Fair Trial By Closing The Door On 404(B) Evidence, Aaron Diaz

St. Mary's Law Journal

Congress enacted the Federal Rules of Evidence to govern evidentiary procedures and “eliminate unjustifiable expense and delay.” In criminal cases, for example, Federal Rule of Evidence 404(b) seeks to prevent prosecutors from improperly introducing a defendant’s past misdeeds. Nevertheless, prosecutors often attempt to introduce a defendant’s past misconduct to suggest that a defendant has a propensity to commit crimes, which is improper character evidence. Unsurprisingly, 404(b) is one of the most litigated evidence rules and has generated more published opinions than any other subsections of the Rules. And despite efforts to amend Rule 404(b), the rule has remained virtually untouched. …

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson

St. Mary's Law Journal

Abstract forthcoming

Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen

St. Mary's Law Journal

Abstract forthcoming

Network Investigation Techniques: Government Hacking And The Need For Adjustment In The Third-Party Doctrine, Eduardo R. Mendoza

St. Mary's Law Journal

Modern society is largely dependent on technology, and legal discovery is no longer limited to hard-copy, tangible documents. The clash of technology and the law is an exciting, yet dangerous phenomena; dangerous because our justice system desperately needs technological progress. The clash between scientific advancement and the search for truth has recently taken an interesting form—government hacking. The United States Government has increasingly used Network Investigation Techniques (NITs) to target suspects in criminal investigations. NITs operate by identifying suspects who have taken affirmative steps to conceal their identity while browsing the Internet. The hacking technique has become especially useful to …

Filming The Police: An Interference Or A Public Service, Aracely Rodman

St. Mary's Law Journal

Abstract forthcoming.

Authentication And Identification Under Article Ix Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee

St. Mary's Law Journal

Abstract Forthcoming.

Cross-Examination Of An Expert Witness., C.L. Mike Schmidt

St. Mary's Law Journal

Abstract Forthcoming.

Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White

St. Mary's Law Journal

Abstract Forthcoming.

The Coconspirator's Statement: Evaluating Preliminary Questions Of Admissibility Under Rule 801(D)(2)(E)., William S. Sessions, Betsy Hall

St. Mary's Law Journal

Abstract Forthcoming.

Proof Of Theft Of Bailed Goods Does Not Of Itself Rebut Presumption Of Bailee's Negligence., Robert E. Corlew Iii

St. Mary's Law Journal

Abstract Forthcoming.

Testimony Of Accessory After The Fact Need Not Be Corroborated., Claude M. Mcquarrie Iii

St. Mary's Law Journal

Abstract Forthcoming.

Exclusion Of Depositions From The Jury Room: An Anachronism In Texas Rule 281., George H. Spencer Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Evidence Of Indictment Is Admissible To Show Motive, Bias Or Interest Of A Witness Not A Party To The Prosecution., Jess C. Rickman

St. Mary's Law Journal

Abstract Forthcoming.

Evidence Admissible During The Punishment Stage Of A Criminal Trial., Joseph F. Smith

St. Mary's Law Journal

Abstract Forthcoming.

Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis

St. Mary's Law Journal

Abstract Forthcoming.

Accused May Be Compelled To Provide Handwriting Exemplars, Voice, Blood, And Urine Samples Without Violating The Constitutional Safeguards Against Self-Incrimination., David Brian Armbrust

St. Mary's Law Journal

Abstract Forthcoming.

Psychiatrist's Testimony That State's Principal Witness's Psychological Condition Might Prompt Him To Distort Facts Was Not Admissible For Purposes Of Impeachment Of The Witness., Joseph H. Vives

St. Mary's Law Journal

Abstract Forthcoming.

Evidence Of An Extraneous Offense Offered To Rebut A Defensive Theory Urged By The Defendant Is Admissible Even Absent A Showing That The Defendant Was The Perpetrator Of The Extraneous Offense., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Abstract Forthcoming.

The Pyramiding Of Presumptions And Inferences In Texas., Carlos S. Cadena

St. Mary's Law Journal

Anti-pyramid rules are based in the idea that a finding based on nothing more than mere speculation should be rejected. Despite the frequent invocation of these rules, many Texas courts fail to utilize them correctly. Though countless decisions lay down the general rule that a presumption cannot be based on another presumption and several state judiciaries pointing out the futility of basing an inference upon another inference, it is rare for the rules to be properly applied. This can be seen in Texas cases referencing and applying the rule. While a few cases justifiably apply the rule, in most cases, …

The Admissibility Of Gruesome Photographs In A Criminal Trial Is Based On Their Competency, Materiality, And Relevancy To The Issue On Trial And Are Admissible If A Verbal Description Of The Scene Of The Crime Would Be Admissible, Unless The Photographs Are Offered Solely To Inflame The Minds Of The Jury., Steven M. Lee

St. Mary's Law Journal

No abstract provided.

Motions For Production Of Documents - Texas Style ., Eugene B. Labay

St. Mary's Law Journal

A well-prepared motion for production of documents is important to the discovery of facts that are essential to the prosecution or defense of a civil case. Litigants may compel the opposing party to release documents, writing, and other records that are necessary to prosecute or defend a cause of action. State and federal courts in Texas encourage a liberal construction of the rules governing discovery in order to narrow the issues in dispute at trial. The state and federal courts’ approach is also premised on the moving party’s entitlement to review all documents pertinent to his case. Because of this, …