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7 May 2010, 5:53 am by Evidence ProfBlogger
Federal Rule of Evidence 704 indicates that (a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier... [read post]
10 Apr 2018, 10:00 am
Evan Miller discusses an opinion addressing an issue of first impression: the proper date for determining a preference defendant’s secured status under section 547(b)(5). [read post]
4 Apr 2011, 7:18 am by CivPro Blogger
Section 1446(b) provides that The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the... [read post]
11 Nov 2010, 7:48 am by Evidence ProfBlogger
Federal Rule of Evidence 704(b) provides that No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did... [read post]
9 Oct 2010, 4:43 am by Evidence ProfBlogger
Like its federal counterpart, Ohio Rule of Evidence 609(B) provides that Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the... [read post]
18 Feb 2010, 7:18 am by Evidence ProfBlogger
Federal Rule of Evidence 803(8) provides an exception to the rule against hearsay for Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B)... [read post]
24 Sep 2010, 4:32 am by Evidence ProfBlogger
Like its federal counterpart, North Carolina Rule of Evidence 609(b) provides that Evidence of a conviction under this rule is not admissible if a period of more than 10 years has elapsed since the date of the conviction or of... [read post]
8 Jan 2010, 5:42 am by Evidence ProfBlogger
Like its federal counterpart, Maryland Rule of Evidence 5-704(b) states that An expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may not state an opinion or inference as to whether... [read post]
23 May 2010, 9:21 am by Evidence ProfBlogger
Like its federal counterpart, Kentucky Rule of Evidence 609(b) provides that Evidence of a conviction under this rule is not admissible if a period of more than ten (10) years has elapsed since the date of the conviction unless the... [read post]
29 Nov 2010, 5:50 am
The Monday morning column from Clark Judge Create a Team B to Fight Budget Estimate Battles, a Citizen's Budget OfficeBy Clark S. [read post]
17 Feb 2011, 11:17 am by Evidence ProfBlogger
Like its federal counterpart, North Carolina Rule of Evidence 609(b) provides that Evidence of a conviction under this rule is not admissible if a period of more than 10 years has elapsed since the date of the conviction or of... [read post]
21 Feb 2011, 1:15 pm by Evidence ProfBlogger
Similar to its federal counterpart, Ohio Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay for Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in... [read post]
23 Sep 2010, 4:57 am by Evidence ProfBlogger
Federal Rule of Evidence 704(b) provides that No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did... [read post]
16 Feb 2024, 4:02 pm by Evidence ProfBlogger
Federal Rule of Evidence 704(b) provides that In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime... [read post]