Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift Dec 2015

The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift

Eleanor Swift

No abstract provided.


The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna Nov 2015

The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna

Thomas D. Lyon

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


The Changing Face Of The Rule Against Hearsay In English Law, R. A. Clark Jul 2015

The Changing Face Of The Rule Against Hearsay In English Law, R. A. Clark

Akron Law Review

The rule against hearsay has always been surrounded by an aura of mystery and has been treated with excessive reverence by many English judges. Traditionally the English courts have been reluctant to allow any development in the exceptions to this exclusionary rule, regarding hearsay evidence as being so dangerous that even where it appears to be of a high probative calibre it should be excluded at all costs. But recent developments, both statutory and common law, have demonstrated a much more relaxed approach to this rule. In civil cases the hearsay rule has been contained in statutory form for some …


Lilly V. Virginia: Silencing The "Firmly Rooted" Hearsay Exception With Regard To An Accomplice's Testimony And Its Rejuvenation Of The Confrontation Clause, Leslie Morsek Jul 2015

Lilly V. Virginia: Silencing The "Firmly Rooted" Hearsay Exception With Regard To An Accomplice's Testimony And Its Rejuvenation Of The Confrontation Clause, Leslie Morsek

Akron Law Review

This Note examines the impact on the confrontation clause of introducing an accomplice's custodial statements which inculpate a defendant. Part II delves into the background of this issue by examining the confrontation clause's origin, the significance of hearsay with respect to the confrontation clause, and important cases in this area. Part III provides a statement of the facts, the procedural history, and the United States Supreme Court's decision in Lilly. Finally, Part IV analyzes the Lilly decision and its rejuvenation of the confrontation clause.


Back To The Future: Lorraine V. Markel American Insurance Co. And New Findings On The Admissibility Of Electronically Stored Information, Hon. Paul W. Grimm, Michael V. Ziccardi Esq., Alexander W. Major Esq. Jun 2015

Back To The Future: Lorraine V. Markel American Insurance Co. And New Findings On The Admissibility Of Electronically Stored Information, Hon. Paul W. Grimm, Michael V. Ziccardi Esq., Alexander W. Major Esq.

Akron Law Review

Imagine the following hypothetical, patterned on an actual case pending in federal court, and you can begin to appreciate why there is a growing awareness of the need to have clear analytical thinking regarding the admissibility of electronically stored information, variously referred to as “ESI,” “digital,” “electronic,” “computer generated,” or “computer stored” evidence in state and federal courts. ConsumerPro is a corporation that provides installment credit to consumers with poor or un-established credit records to enable them to purchase on credit expensive electronic and computer products like flat screen televisions, computers, and entertainment systems. Under their business plan, a purchaser …


Recent Development: Hailes V. State: The State May Appeal A Trial Court's Ruling Excluding A Dying Declaration; The Length Of Time Between A Declarant's Statement And Death Is Irrelevant In A Dying Declaration Analysis; The Confrontation Clause Is Inapplicable To Dying Declarations, Lauren A. Panfile Jan 2015

Recent Development: Hailes V. State: The State May Appeal A Trial Court's Ruling Excluding A Dying Declaration; The Length Of Time Between A Declarant's Statement And Death Is Irrelevant In A Dying Declaration Analysis; The Confrontation Clause Is Inapplicable To Dying Declarations, Lauren A. Panfile

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the State may appeal a trial court’s suppression of a victim’s dying declaration based on the legislative intent of Section 12-302(c)(4)(i) of the Maryland Code, Courts and Judicial Procedure Article (“section 12-302(c)(4)(i)”). Hailes v. State, 442 Md. 488, 497-98, 113 A.3d 608, 613-14 (2015). The court further held that a victim’s statement, made while on life support, was a dying declaration regardless of the fact that the victim died two years after making the statement. Id. at 506, 113 A.3d at 618. Finally, the court held that the Confrontation Clause of the …