Evidence Commons^™

Admissibility Of "Day In The Life" Films In Virginia, Mahlon G. Funk Jr., Harry J. Hicks Iii

University of Richmond Law Review

In recent years, audiovisual technology has taken an increasingly prominent position in courtroom procedures. Defense attorneys have traditionally introduced motion pictures of allegedly injured plaintiffs caught in some intense physical activity. More recently, courts have allowed the use of audiovisual depositions, which afford scrutiny of the characteristics and mannerisms of deposed witnesses. In the midst of this evidentiary trend, plaintiffs' counsel now frequently seek admission of "day in the life" films. Such films purport to depict for the jury in graphic detail the effects that a severe personal injury can have on the plaintiff's life. Admission of these films is …

Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford

Articles by Maurer Faculty

With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …

Obtaining Evidence Abroad, Harry J. O'Kane

Vanderbilt Journal of Transnational Law

This talk will avoid a discussion of whatever problems exist in true international litigation. True international litigation may be defined as that body of law devoted to disputes between nations and governmental bodies which are addressed in nonterritorial world courts or those courts accepting the disputes under their own system of jurisprudence. My remarks will focus on the problems in obtaining evidence in a country other than the United States for use in a suit within the United States. A tabular listing of information relating to what can and cannot be accomplished in the way of obtaining evidence in various …

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar

Articles

Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …

Evidence, Linda S. Williams

West Virginia Law Review

No abstract provided.

Records And Archives In Court, Anthony F. Sheppard

All Faculty Publications

In an increasingly litigious society, records and archives frequently become evidence in court. What are the criteria for admitting records in court as evidence, and how might records keepers be called upon to testify in court? These matters will be discussed in the context of federal and provincial law. The author's comments are directed towards these two central issues: The criteria for admitting records in court as evidence, and the status of records keepers called upon to testify in court.

Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach

Seattle University Law Review

The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.

Evidence - Polygraph Test Results No Longer Admissible In North Carolina - State V. Grier, William T. Sharpe

Campbell Law Review

The North Carolina Supreme Court expressly overruled State v. Steele and State v. Milano by its decision in State v. Grier. The Court held that polygraph results are no longer admissible as evidence in civil or criminal trials in North Carolina notwithstanding a prior stipulation by the parties. This note will examine the Court's rationale and the implications of its decision.

Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange

Washington Law Review

In analyzing the court's decision in In re R., this Note will first review the physician-patient privilege. Next, it will assess the court's analysis and application of the statutory waiver in section 71.05.250 of the Washington Revised Code to hearings for ninety-day commitment. This Note concludes that while the court correctly applied the statutory waiver to hearings for ninety-day commitment, the court's standard of reasonableness in applying the waiver of the privilege in this case was improper. Because the physician-patient privilege is a valuable tool in encouraging patients to seek therapeutic treatment, this Note recommends that the courts require a …

The Parol Evidence Rule: Promissory Estoppel's Next Conquest?, Michael B. Metzger

Vanderbilt Law Review

The parol evidence rule, at first glance, seems to be such a candidate for many reasons. The parol evidence rule has confused" and dissatisfied legal scholars for a long time; for example, Professor Wigmore condemned the rule as "the most discouraging subject in the whole field of evidence."' Bringing the rule within estoppel's domain could simplify the application of the rule,' and legal scholars should appreciate anything that could clarify and rationalize its application. Furthermore, that promissory estoppel already has made substantial incursions into the province of the Statute of Frauds may portend a similar role for promissory estoppel in …

Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg

Vanderbilt Law Review

This Note assumes that the judicial trend of using HLA test results as affirmative evidence" will continue, and accepts the proposal that these results are scientifically reliable.' The Note will focus on the policy considerations and arguments that should affect the admissibility of the HLA blood test as affirmative evidence in various disputed parentage cases.This Note first examines the use of HLA test results to determine the paternity of illegitimate children who do not have a legal father, and concludes that courts should admit the results unconditionally in these circumstances. Second, the Note analyzes the use of the HLA blood …

Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson

Washington Law Review

Part I of this Comment evaluates the new hearsay exception as a rule of evidence. It concludes that the exception is an appropriate solution to the special hearsay problems that arise in child sexual abuse cases. Part II considers whether the exception violates the accused's constitutional right to confront the witnesses against him or her. It concludes that the exception is not unconstitutional per se, although specific applications of the exception may be unconstitutional.

United States V. Leon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bose Corp. V. Consumers Union Of United States, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter

Buffalo Law Review

No abstract provided.

Book Review Of Evidence: Making The Record, Ronald L. Carlson

Journal of Legal Education

No abstract provided.

Surveying Work Product, Kevin M. Clermont

Cornell Law Faculty Publications

Work product is the legal doctrine that central casting would send over. First, it boasts profundities, arising as it does from the colliding thrusts of our discovery and trial processes and from conflicting currents in our modified adversary system. Second, it will surface frequently, because the protected materials are commonly created by each side but uncommonly useful to the opponent. Third, it has generated a small mountain of lower-court case law, with the foothills forming a labyrinth of rules and wrinkles. In short, work product has for a couple of generations dramatically bewitched academics, bothered practitioners, and bewildered students.

Significant …

Evidence In Capital Cases, John Kaplan

Florida State University Law Review

No abstract provided.

Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold

Washington Law Review

The object of this article is to identify what makes evidence unfairly prejudicial. The first part analyzes the language of and the policies behind Rule 403, and demonstrates that the courts' current ad hoc approach has frustrated those policies and prevented the rule from operating as written. Part II analyzes the nature of unfairly prejudicial evidence in light of the policies intended to be advanced by Rule 403. That part concludes that evidence may be considered unfairly prejudicial when it has a tendency to cause the trier of fact to commit an inferential error. The third part describes recent empirical …

Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

48 pages.

Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

6 pages.

Comparative Approaches To Groundwater Management, Robert D. Hayton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

38 pages.

Problems Of Interstate Allocation Of Groundwater, Charles E. Corker

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

41 pages.

Ground Water Monitoring System And Procedures At Kin-Buc I Landfill Middlesex County New Jersey, Dan D. Raviv

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

37 pages (includes illustrations and map).

Groundwater Management Under The Florida Water Resources Act, Richard Hamann

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

44 pages (includes maps).

Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes maps).

Ogallala Ground Water, Morton W. Bittinger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.

The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes illustrations and map).

Groundwater Quality: The Issues, Remedies And Strategies, Kathleen M. Kulasza

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

34 pages.

Groundwater Pollution Problems In Mining And Energy Production, Henry W. Ipsen

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

17 pages.