Evidence Commons^™

Police Refusal Of A Blood Test As Suppression Of Evidence

Washington and Lee Law Review

No abstract provided.

Impeaching Adverse Party Called As One's Own Witness

Washington and Lee Law Review

No abstract provided.

The Mansfield Rule Of Nonaccess

Washington and Lee Law Review

No abstract provided.

The Use Of Coerced Confessions In State Courts, J. A. Spanogle

Vanderbilt Law Review

It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …

Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Evidence-Privilege - Use Of Accident Report Of Impeach, Joseph F. Phillips

William & Mary Law Review

No abstract provided.

Evidence - Waiver - Dead Man's Act

Duquesne Law Review

Answering of interrogatories filed by decedent's representative constitutes a waiver of protection afforded by Dead Man's Act even if not used at trial.

Perlis v. Kuhns, Adm'r., 202 Pa. Super. 80, 195 A.2d 156 (1963)

The Interrelationship Of Law And Science, Paul L. Kirk

Buffalo Law Review

No abstract provided.

Libel - Public Officials - Recovery For Libel Of Public Official Requires Proof Of Actual Malice, Michael A. Macchiaroli

Villanova Law Review (1956 - )

No abstract provided.

Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison

Michigan Law Review

By statutes designed to protect the public interest, many federal administrative agencies-such as the Interstate Commerce Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Federal Trade Commission, and the Civil Aeronautics Board-are granted authority to conduct investigations dealing with substantive matters committed to their respective jurisdictions. In an increasing number of instances, these agencies are empowered to utilize compulsory process; persons may be ordered to appear and give testimony or to produce documents in so-called investigational hearings, subject to criminal sanctions for noncompliance. The use of investigational hearings by these agencies as an ancillary law enforcement tool …

American Life Expectancy Tables, And Foreigners, Rita Page

Cleveland State Law Review

It is the court's duty to see that the facts admitted into evidence do not tend to distort, mislead, or confuse the jury regarding the damages to be awarded. This the court cannot do if United States life expectancy tables are accepted as relevant to the life expectancy of a foreign national. Therefore, the United States tables should be deemed inadmissible by the court in such cases. The court should then turn to the relevant foreign table as the only life expectancy table admissible in evidence.

Investigation Of Fatal Gunshot Wounds, Justin C. Smith

Cleveland State Law Review

Certain routine steps are taken in investigating fatal injury inflicted by a firearm either as a result of foul play or accident. A fatal gunshot case presents many challenging medicallegal problems which involve cooperation among the forensic pathologist, firearms identification expert, laboratory technician and the police. The belief that an "expert" can view the body and without further corroborating evidence testify in court as to the range at which this person was shot and the calibre of the weapon is one of the most common fallacies. Since the average person interested in law enforcement is generally not trained in medicine …

Evidence--Lie Detector Results--Effect Of Prior Stipulation On Admissibility, Jerry P. Rhoads

Kentucky Law Journal

No abstract provided.

Finding An Expert Witness In The Sciences, Ralph K. Davies

Cleveland State Law Review

To the uninitiated a classification of diversified sciences upsets the notion that science is one field of knowledge. There are times when even a scientist in one area has difficulty in locating an expert in another area. How then does one find a scientific expert?

Evidence--Competency To Husband And Wife To Testify To Nonaccess During Time Of Conception, Lewis Charles Pellegrin

West Virginia Law Review

No abstract provided.

Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood

Michigan Law Review

In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …

Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas L. Shaffer

Journal Articles

In the spring of 1963, the Indiana Judges Association, which represents about 100 of the 120 trial judges of Indiana, and the Joint Committee for the Effective Administration of Justice sponsored the first "Indiana Trial Judges Seminar" in Indianapolis. The seminar was divided into five subject areas of practical importance to trial judges, with each discussion led by a team of nationally-recognized experts and supplemented by a teacher of law who acted as reporter.

The opportunity to be a reporter on the subject area, "The Judge's Control Over Demonstrative Evidence," proved to be an uncommonly promising occasion for gathering empirical …

Admissibility Of Fingerprint Evidence And Constitutional Objections To Fingerprinting Raised In Criminal And Civil Cases, Andre A. Moenssens

Chicago-Kent Law Review

No abstract provided.

Cross-Examination, By John Alan Appleman, William H. Remy

Indiana Law Journal

No abstract provided.

Evidence—Admission Into Evidence Of Company’S Operating Rule Proper On Question Of Negligence, Gerald S. Lippes

Buffalo Law Review

Danbois v. New York Cent. R.R., 12 N.Y.2d 234, 189 N.E.2d 468, 238 N.Y.S.2d 921 (1963).

Involuntary Confessions And New York Procedure

Washington and Lee Law Review

No abstract provided.

Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.

Washington Law Review

By reducing the burden of proving a gift causa mortis where the state is the only contestant, In re McDonald's Estate has evidently attached an exception to the Washington "dead man's" statute. While eliminating the common law prohibition against testimony by an "interested person," this statute does prohibit such persons from testifying concerning "transactions" with a decedent. It also prohibits testimony about "statements" made by a decedent.

Blood Test Results-Their Admissibility To Show A Decedent's Intoxication, Daniel E. Johnson

Indiana Law Journal

No abstract provided.

Evidence--Infant's Pleading As A Judicial Admission, Ralph Charles Dusic Jr.

West Virginia Law Review

No abstract provided.

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.

Procedure And Evidence -- 1962 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Construction of Pleading--Where the plaintiffs bill of complaint for specific performance of a contract for the purchase of a specified parcel of realty discloses on its face that the agreement was oral, the defendant may raise the defense of the statute of frauds by demurrer.'

Burden of Proof and Presumptions--The current decisions do little to clear up the confusion caused by the use of the term presumption, though it is usually not too difficult to determine the effect intended to be given it in a particular case.

Judicial Notice--The cases in which the Tennessee courts have applied the doctrine of …

Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.

Michigan Law Review

One of the most venerable of all legal principles is the evidentiary rule excluding hearsay. This rule, which was first espoused by the English courts in the sixteenth century, arose when it became apparent that there was an inherent danger of untrustworthiness in a witness's uncorroborated recital of a prior declaration made outside the courtroom. The courts gave several reasons for regarding hearsay as untrustworthy. First, these statements, offered into evidence for the truth of the matter asserted, were not made under oath. Secondly, objection to such testimony was raised because the trier of fact had no opportunity to pass …

Civil Procedure-Trial Practice-Introduction Of Inadmissible Evidence To Cure Improper Argument By Counsel, Arthur M. Sherwood

Michigan Law Review

In a suit to recover damages for wrongful death arising out of an automobile accident, plaintiff's counsel offered in evidence the official report of a police officer, which included the officer's opinion that defendant's parked car had contributed to the collision. Defendant's objection to this evidence was sustained on the grounds that the report was hearsay and that it set forth a conclusion which only the jury could draw. Defendant's counsel, during his summation, asserted that no police officer had said that defendant's car had in any way caused the accident. The court, sua sponte, admitted into evidence the officer's …

Evidence-Confessions-Admissiblity Of A Subsequent Confession Under The Mcnabb-Mallory Doctrine, Ira J. Jaffe S.Ed.

Michigan Law Review

Defendant was indicted for first degree murder and convicted of manslaughter in the Federal District Court for the District of Columbia. Defendant had willingly directed the police to the victim's body and voluntarily signed a written confession during a period of thirty-four hours detention prior to arraignment. At the arraignment defendant was informed of his rights and indicated that he was aware of them; in addition, the preliminary hearing was postponed in order to provide him opportunity to obtain counsel. Twenty hours after his arraignment the defendant once again voluntarily confessed while giving a police officer instructions as to the …

Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.

Michigan Law Review

The United States, as assignee of a civilian seaman's claim, brought an action against the defendant for injuries received when the seaman slipped on a walkway which the defendant had contracted to maintain in good repair. At the trial plaintiff sought to introduce into evidence a report compiled by the seaman's superior, such report being required to accompany the seaman's claim for compensation from the Government. Admission of the report under the Federal Business Records Act was denied, and the Government's case was thereby materially weakened. Judgment was entered on a jury verdict for the defendant. On appeal, held, …