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Full-Text Articles in Law
This Space Intentionally Left Blank: What To Do When Hearsay And Rule 106 Completeness Collide, Michael A. Hardin
This Space Intentionally Left Blank: What To Do When Hearsay And Rule 106 Completeness Collide, Michael A. Hardin
Fordham Law Review
Federal Rule of Evidence 106 provides that when one party in a trial or hearing offers into evidence a portion of a statement in a misleading way, the opposing party can offer the rest, or some other portion of, that document or recorded statement at the same time if it is necessary for the factfinder to understand and contextualize the first part. Sometimes, however, the other portion, or “remainder,” would be inadmissible if it were offered by itself, either because it is hearsay or for some other reason. This leaves the court in a difficult position: Should it allow the …
Plea Bargaining In The Dark: The Duty To Disclose Exculpatory Brady Evidence During Plea Bargaining, Michael Nasser Petegorsky
Plea Bargaining In The Dark: The Duty To Disclose Exculpatory Brady Evidence During Plea Bargaining, Michael Nasser Petegorsky
Fordham Law Review
Ninety-seven percent of federal convictions are the result of guilty pleas. Despite the criminal justice system’s reliance on plea bargaining, the law regarding the prosecution’s duty to disclose certain evidence during this stage of the judicial process is unsettled. The Supreme Court’s decision in Brady v. Maryland requires the prosecution to disclose evidence that establishes the defendant’s factual innocence during a trial. Some courts apply this rule during plea bargaining and require the disclosure of material exculpatory evidence before the entry of a guilty plea. Other courts have held or suggested that the prosecution may suppress exculpatory evidence during plea …
You Must Be This Qualified To Offer An Opinion: Permitting Law Enforcement Officers To Testify As Laypersons Under Federal Rule Of Evidence 701, Kim Channick
Fordham Law Review
Every day, in courtrooms across the United States, law enforcement officers testify in criminal and civil trials. Often an officer is certified as an expert witness and, accordingly, can provide opinions to the court based on his or her law enforcement expertise. Other times, the officer offers testimony as a layperson. In the latter situation, Federal Rule of Evidence 701 controls the officer’s lay opinion testimony. This Rule was first adopted to remedy a problematic common law practice of universally prohibiting lay opinion testimony. As the Rule stands now, all lay witnesses, including law enforcement officers, must limit their opinions …
Panel Discussion: Reinvigorating Rule 502, Panel Discussion
Panel Discussion: Reinvigorating Rule 502, Panel Discussion
Fordham Law Review
No abstract provided.
Model Draft Of A Rule 502(D) Order, Symposium Participants
Model Draft Of A Rule 502(D) Order, Symposium Participants
Fordham Law Review
No abstract provided.
Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett
Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett
Fordham Law Review
No abstract provided.
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire
Fordham Law Review
No abstract provided.
The Rulemakers’ Laments, Richard Marcus
Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy
Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy
Fordham Law Review
No abstract provided.
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Fordham Law Review
No abstract provided.