Evidence Commons^™

Pretrial Interview With The Physician, Robert J. Turley

Kentucky Law Journal

No abstract provided.

Impeachment Of Witness Credibility By Use Of Past Conviction Evidence--Kentucky Court Of Appeals Adopts A New Rule, James T. Hodge, Kenneth Gregory Haynes

Kentucky Law Journal

No abstract provided.

Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer

Buffalo Law Review

Alderman v. United States, 394 U.S. 165 (1969).

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Motions For Production Of Documents - Texas Style ., Eugene B. Labay

St. Mary's Law Journal

A well-prepared motion for production of documents is important to the discovery of facts that are essential to the prosecution or defense of a civil case. Litigants may compel the opposing party to release documents, writing, and other records that are necessary to prosecute or defend a cause of action. State and federal courts in Texas encourage a liberal construction of the rules governing discovery in order to narrow the issues in dispute at trial. The state and federal courts’ approach is also premised on the moving party’s entitlement to review all documents pertinent to his case. Because of this, …

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious “bloody shorts” case is an example in point. There, the state introduced as evidence a pair of men’s “blood-stained” undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because “[ilt …

Probable Cause For Arrest In Indiana: A Prosecutor Hoist With His Own Kinnaird, F. Thomas Schornhorst

Indiana Law Journal

No abstract provided.

The Psychologist: A Neglected Legal Resource, Eugene E. Levitt

Indiana Law Journal

No abstract provided.

Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger

Buffalo Law Review

No abstract provided.

Jailing The Innocent: The Plight Of The Material Witness, Ronald L. Carlson

Scholarly Works

Unknown to many lawyers, American legal history is marred with numerous recorded episodes of extended imprisonment of innocent American citizens. Frequently guiltless of any offense, these citizens are held because they happen to be witnesses to a crime and are financially unable to post a bond to insure their appearance to testify at the trial of the person accused of committing it. Not simply a feature of law from a bygone era, these incidents of imprisonment continue to arise today. Occasionally, a situation occurs wherein the man accused of the crime is released on bail and spends his time before …

Highlights Of The Proposed Federal Rules Of Evidence, Thomas F. Green Jr.

Scholarly Works

To prepare a draft of proposed rules, the Chief Justice of the United States, as chairman of the Judicial Conference, appointed an Advisory Committee of fifteen members. Membership is comrpised of eight trial attorneys, the former chief of the criminal appeals unit of the Department of Justice, four federal judges, and two members of law school faculties. A third academician, Edward W. Cleary, who before teaching had 11 years of active practice, is Reporter for the Committee, furnishing many of the ideas, doing or directing most of the research, and usually doing the original drafting. After three and a half …

The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris

West Virginia Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Evidence--Prior Inconsistent Statements--Court Reverses Long Line Of Decisions, Joel V. Williamson

Kentucky Law Journal

No abstract provided.

Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf

Cleveland State Law Review

This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.

Substantive Use Of Extrajudicial Statements Of Witnesses Under The Proposed Federal Rules Of Evidence, Laurie R. Rockett

University of Richmond Law Review

With the publication last March of the preliminary draft of the rules of evidence for the lower federal courts, the possibility of implementation of reforms in the law of evidence on a national level is opened for the first time. Although all aspects of the proposed rules will doubtless stimulate discussion, the committee's treatment of the hearsay rule is likely to provoke the most comment.

Basic Rules Of Relevancy In The Proposed Federal Rules Of Evidence, Jack B. Weinstein, Margaret A. Berger

Georgia Law Review

IN evaluating the proposed Rules of Evidence for the United States Federal District Courts and Magistrates now being considered by the bench and bar, there are a number of pervasive issues in addition to specific policy and drafting decisions reflected in individual rules. Among them are: First, the question whether federal rules of evidence are desirable; second, the degree of discretion to be afforded trial judges in applying the rules; third, the relation of state to federal rules; and, fourth, the question whether distinctions should be drawn between civil and criminal cases and between bench and jury-tried cases.

Highlights Of The Proposed Federal Rules Of Evidence, Thomas F. Green, Jr.

Georgia Law Review

THE first reasoned analysis of the law of evidence is attributed by Wigmore to Evans' 1806 Notes to Pothier on Obligations.' This drew attention to the reasons for evidentiary rules and to the existence of a set of principles underlying them. Later Bentham's writings emphasized needed changes.Some years thereafter an able Georgia judge criticized certain aspects of evidence law. Joseph Henry Lump- kin said: "I have long been satisfied that we are too hide-bound and restricted in our practice, with regard to the admissibility of evidence." In a later opinion he added:

Truth, common sense, and enlightened reason, alike demand …

Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason

San Diego Law Review

In February 1964, Edwin Johnson was indicted by the Yolo County Grand Jury for the crime of incest. The twofold basis of the indictment lay in the testimony of his 15-year-old daughter, Elaine, who stated that he had engaged in an act of sexual intercourse with her on January 11, 1964; and in the testimony of his wife, Eleanor, who claimed that she had observed occasions of sex play between her husband and daughter. At trial in January 1967, however, both witnesses denied that defendant had engaged in any illicit sexual relations with Elaine. To negate these denials, the prosecution, …

Expert Witnesses--Traffic Accident Analyst, Ralph Waldo Bassett Jr.

West Virginia Law Review

No abstract provided.

Evidence--Blood Test For Intoxication--Admissibility Of Refusal To Submit

West Virginia Law Review

No abstract provided.

Evidence--Expert Witness--Qualification Of Specialist As Expert Witness In Medical Malpractice, Richard Edwin Rowe

West Virginia Law Review

No abstract provided.

Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander

Michigan Law Review

In his attempt to define the meaning of democracy, Carl Becker, looking back to Plato's view of society, observed that "[a]ll human institutions, we are told, have their ideal forms laid away in heaven, and we do not need to be told that the actual institutions conform but indifferently to these ideal counterparts." Becker's observation may well set the perspective from which to view what occurred when the attempt was made in the District of Columbia to implement the Supreme Court's decision in Miranda v. Arizona.

Criminal Procedure - Confessions - Application Of Miranda V. Arizona - People V. Rodney P. (Anonymous), 233 N.E.2d 255 (N .Y .1967)

William & Mary Law Review

No abstract provided.

Military Law - Application Of Miranda To Courts-Martial Admissions - U.S. V. Lincoln, 17 U.S.M.C.A. 330 (1967)

William & Mary Law Review

No abstract provided.

Evidence—Medical Treatises To Be Admitted As Independent Evidence As An Exception To The Hearsay Rule, Charles Sawyer

Buffalo Law Review

Lewandowski v. Preferred Risk Mut. Ins. Co., 33 Wis. 2d 69, 146 N.W.2d 505 (1966).

The Right To Counsel And The Role Of Counsel In Juvenile Court Proceedings, Daniel L. Skoler

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Judges, Repulsive Evidence And The Ability To Respond, Thomas L. Shaffer

Journal Articles

This is a sequel to Bullets, Bad Florins and Old Boots, which reported the attitudes of Indiana trial judges toward the trial lawyer's "arsenal of gadgetry." The opportunity presented in 1963 was the Indiana Trial Judges Seminar and a series of sessions within it on demonstrative evidence. The opportunity this year was a series of sessions on "The Court's Control Over Demonstrative Evidence" at the 1967 Indiana Judicial Conference. There were four of these sessions, all of them conducted by Judge Creighton R. Coleman of the 37th Judicial District of Michigan (Calhoun County). Each session was attended by a group …

Discovery Rule: Accrual Of Cause Of Action For Medical Malpractice

Washington and Lee Law Review

No abstract provided.