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Evidence

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1996

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Institution
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Full-Text Articles in Law

Evidence, Marc T. Treadwell Dec 1996

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a number of cases raising significant evidentiary issues. For example, lawyers engaged in civil litigation should be aware of decisions addressing the admissibility of collateral source payments and offers to pay medical bills in tort actions. Also, the court of appeals struggled with the question of whether the forfeiture of a bond posted in response to a traffic citation is admissible in a subsequent civil action as an admission of liability. With regard to criminal law, decisions rendered during the survey period suggest that at least some members of the supreme court will be taking a …


Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach Oct 1996

Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach

Washington Law Review

In Reese v. Stroh, the Washington Supreme Court upheld the use of the Frye test as a threshold inquiry in civil cases involving novel scientific evidence. By affirming the decision of the court of appeals, but not its reasoning, the Washington Supreme Court side-stepped the court of appeals's argument for adoption of the Daubert standard in civil cases analyzing ER 702. This Note examines the decision in Reese v. Stroh and concludes that the Washington Supreme Court failed to determine clearly the proper analysis of ER 702 in cases involving novel scientific evidence. It further agrees with Justice Johnson's …


Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein Oct 1996

Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein

Indiana Law Journal

No abstract provided.


Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii Sep 1996

Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii

Washington and Lee Law Review

No abstract provided.


Lex, Lies & Videotape, Greg Jones Jul 1996

Lex, Lies & Videotape, Greg Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait Jul 1996

Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait

Indiana Law Journal

No abstract provided.


"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan Jul 1996

"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan

Indiana Law Journal

No abstract provided.


Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar Jul 1996

Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar

Washington Law Review

In State v. Lough, the Washington Supreme Court ignored strong case law limiting the admission of an accused's prior misconduct under the plan exception to evidence rule 404(b) and upheld the admission of unproved wrongs against the accused. The plan exception to Washington Rule of Evidence 404(b) prohibits using misconduct evidence to show propensity, but admits such evidence if used to establish a defendant's overall design or plan to commit the charged offense. This Note analyzes the Washington Supreme Court decision to uphold admission of a defendant's uncharged misconduct under the plan exception. Moreover, this Note argues that the …


Arizona V. Evans: Carving Out Another Good-Faith Exception To The Exclusionary Rule, Sara Gilbert Jul 1996

Arizona V. Evans: Carving Out Another Good-Faith Exception To The Exclusionary Rule, Sara Gilbert

Mercer Law Review

In Arizona v. Evans, the United States Supreme Court considered whether the exclusionary rule requires suppression of evidence seized incident to an arrest, when the arrest resulted from inaccurate computer data created by court personnel. In January 1991, police arrested Isaac Evans during a routine traffic stop because the patrol car's computer indicated he was the subject of an outstanding misdemeanor warrant. While being handcuffed, Evans dropped a marijuana cigarette. A subsequent search of the vehicle revealed a bag of marijuana hidden under the passenger seat, and Evans was charged with possession. Upon notifying the justice court of the …


The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson Jun 1996

The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson

American University Law Review

No abstract provided.


Accomplices' Confessions And The Confrontation Clause, Welsh S. White May 1996

Accomplices' Confessions And The Confrontation Clause, Welsh S. White

William & Mary Bill of Rights Journal

The admissibility of an accomplice's confession against a criminal defendant has long been a subject of concern in Anglo-American law. The Supreme Court has held that accomplices' confessions to the police are presumptively unreliable under the Confrontation Clause, without clearly expressing what facts would lend to the reliability of such statements. However, Professor White argues that in Williamson v. United States, the Court adopted an empirical framework that will make such confessions more likely to be admissible against an accused.

In this Article, Professor White first explores the traditional skepticism towards accomplices' confessions and explains the nature of the current …


Evidence, Marc T. Treadwell May 1996

Evidence, Marc T. Treadwell

Mercer Law Review

The publication of this, article marks the tenth time the Mercer Law Review has honored the author by asking him to survey Eleventh Circuit evidence decisions. While some may argue the Review has returned to the same well entirely too many times, ten years of analyzing Eleventh Circuit evidence decisions cannot help but to give some perspective and, perhaps, even some insight into the court's decisions. In this regard, there can be no doubt that the Eleventh Circuit has dramatically reduced its level of scrutiny of evidentiary issues. In the late 1980s, it could be fairly said that the court …


The Repressed Memory Phenomenon: Are Recovered Memories Scientifically Valid Evidence Under Daubert, Cynthia V. Mcalister Apr 1996

The Repressed Memory Phenomenon: Are Recovered Memories Scientifically Valid Evidence Under Daubert, Cynthia V. Mcalister

North Carolina Central Law Review

No abstract provided.


Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson Mar 1996

Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson

Mercer Law Review

Debate concerning the limits of judicial power over expert witnesses remains active and in its early stages. Commentators charting the course of judicial opinions observe that some of the modem regulatory proposals have yet to enlist official adoption. Part of the problem may relate to recognition of questions. Courts will adjudicate critical issues only when they are made aware of them. The burden of calling attention to an expert's flawed bases falls squarely on trial lawyers who must make astute and incisive objections.

In this formative period of legal development important decisions will be made. The future direction of courtroom …


Developing A Coherent Theory Of The Structure Of Federal Rule Of Evidence 703, Edward J. Imwinkelried Mar 1996

Developing A Coherent Theory Of The Structure Of Federal Rule Of Evidence 703, Edward J. Imwinkelried

Mercer Law Review

Some commentators have suggested that the American judicial hearing is becoming trial by expert. As recently as 1974, the Jury Verdict Reporter for Cook County, Illinois, listed only 188 regularly testifying experts? Today, there are more than 3,100-a 1,540 percent increase. In the late 1980s, the Cook County state courts averaged one expert per trial. In some areas, the trend is even more pronounced. In the early 1990s, the Rand Corporation released a study of the use of experts in trials in California courts of general jurisdiction. Expert witnesses appeared in eighty-six percent of the trials studied, an average of …


The Allure Of The Illogic: A Coherent Solution For Rule 703 Requires More Than Redefining "Facts Or Data", Paul R. Rice Mar 1996

The Allure Of The Illogic: A Coherent Solution For Rule 703 Requires More Than Redefining "Facts Or Data", Paul R. Rice

Mercer Law Review

In his article entitled Developing A Coherent Theory of the Structure of Federal Rule of Evidence 703, Professor Imwinkelried proposes a theory for the interpretation of Rule 703. He argues that a restrictive interpretation of the terms "facts or data" in Rule 703 would resolve the conflicts that have plagued that Rule. Professor Imwinkelried's proposal would exclude research data and other background facts from the definition of "facts or data." By his interpretation, when an expert is testifying to an opinion based on facts that have not been proven at the trial the expert witness may only rely on …


Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman Jan 1996

Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman

Kentucky Law Journal

No abstract provided.


Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser Jan 1996

Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser

Michigan Journal of Gender & Law

The purpose of this Article is twofold: to view the problem of domestic violence victims not wishing to testify against their abusers through the lenses of different feminist perspectives; and to use the Greek Cypriot experience as a model to test the value of these theories when developing legal policies addressing this issue.


The Four Greatest Myths About Summary Judgment, James Joseph Duane Jan 1996

The Four Greatest Myths About Summary Judgment, James Joseph Duane

Washington and Lee Law Review

No abstract provided.


The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller Jan 1996

The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller

University of Michigan Journal of Law Reform

In the wake of Philip Morris' multi-billion dollar libel suit against ABC, a Virginia court has sanctioned a new method of discovery that promises to have an unsettling impact on the reporter's privilege to protect confidential sources. In Philip Morris Cos. v. American Broadcasting Cos., the tobacco giant moved to compel disclosure of the identity of a former R.J. Reynolds manager who suggested on ABC's Day One news program that tobacco companies add nicotine to the cigarettes they manufacture. At the same time, Philip Morris issued subpoenas for the expense records of two ABC employees who wrote and produced …


Rule 607: Who May Impeach Jan 1996

Rule 607: Who May Impeach

Touro Law Review

No abstract provided.


Rule 801(D)(1): Prior Statement By Witness Jan 1996

Rule 801(D)(1): Prior Statement By Witness

Touro Law Review

No abstract provided.


The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff Jan 1996

The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff

UIC Law Review

No abstract provided.


A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd Jan 1996

A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd

Buffalo Law Review

No abstract provided.


Arizona V. Evans: Narrowing The Scope Of The Exclusionary Rule, Laura A. Giantris Jan 1996

Arizona V. Evans: Narrowing The Scope Of The Exclusionary Rule, Laura A. Giantris

Maryland Law Review

No abstract provided.


Rule 405: Methods Of Proving Character Jan 1996

Rule 405: Methods Of Proving Character

Touro Law Review

No abstract provided.


Rule 408: Compromise And Offers To Compromise Jan 1996

Rule 408: Compromise And Offers To Compromise

Touro Law Review

No abstract provided.


Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition Jan 1996

Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition

Touro Law Review

No abstract provided.


Rule 601: General Rule Of Competency Jan 1996

Rule 601: General Rule Of Competency

Touro Law Review

No abstract provided.


Rule 702: Testimony By Experts Jan 1996

Rule 702: Testimony By Experts

Touro Law Review

No abstract provided.