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- Evidence law (8)
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Articles 1 - 26 of 26
Full-Text Articles in Evidence
Character Flaws, Frederic Bloom
Character Flaws, Frederic Bloom
Publications
Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling—an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance to consider character …
"Make Him An Offer He Can't Refuse"-- Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller
"Make Him An Offer He Can't Refuse"-- Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller
Publications
Plea bargaining is the dominant means of disposing of criminal charges in the United States, in both state and federal courts. This administrative mechanism has become a system that is grossly abusive of individual rights, leading to many well-known maladies of the criminal justice system, which include overcharging, overincarceration, convictions on charges that would likely fail at trial, and even conviction of “factually innocent” persons. Instrumental in the abuses of plea bargaining is the so-called Mezzanatto waiver, which takes its name from a 1995 Supreme Court decision that approved the practice of getting defendants to agree that anything they say …
Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky
Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky
Publications
No abstract provided.
Prior Consistent Statements: The Dangers Of Misinterpreting Recently Amended Federal Rule Of Evidence 801(D)(1)(B), Laird C. Kirkpatrick, Christopher B. Mueller
Prior Consistent Statements: The Dangers Of Misinterpreting Recently Amended Federal Rule Of Evidence 801(D)(1)(B), Laird C. Kirkpatrick, Christopher B. Mueller
Publications
A recent amendment to Federal Rule of Evidence 801(d)(1)(B) expands the situations in which prior consistent statements by testifying witnesses can be used as substantive evidence, and not merely as rehabilitating evidence. In this piece, the Authors argue that the revised rule may mislead judges and lawyers to conclude that prior consistent statements are always usable as substantive evidence when offered to rehabilitate a witness. Nothing could be further from the truth. The intent, although hard to discern on the face of the revised rule, is only to allow substantive use of consistent statements that are otherwise admissible to rehabilitate …
New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner
New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
19 pages (includes illustrations and maps).
The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England
The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England
Publications
This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Publications
No abstract provided.
Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller
Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller
Publications
No abstract provided.
Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller
Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller
Publications
No abstract provided.
Transport Modeling – Technical And Legal Issues, Adrian Brown
Transport Modeling – Technical And Legal Issues, Adrian Brown
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
27 pages.
Contains footnotes.
Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden
Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
17 pages.
Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr.
Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr.
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
7 pages.
Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall
Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
16 pages.
Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin
Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
12 pages.
Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker
Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
9 pages.
The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman
The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
9 pages.
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.
Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.
Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.
This …
The Legal Framework For Aquifer Issues, Douglas L. Grant
The Legal Framework For Aquifer Issues, Douglas L. Grant
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
20 pages.
Contains references.
Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock
Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
14 pages.
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Publications
No abstract provided.
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Publications
No abstract provided.
Prior Consistent Statements, Arthur H. Travers Jr.
Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller
Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller
Publications
No abstract provided.
Foreword: Should Wyoming Adopt These Rules?, Christopher B. Mueller
Foreword: Should Wyoming Adopt These Rules?, Christopher B. Mueller
Publications
No abstract provided.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
Publications
The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.