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5 May 2007, 9:32 pm
The objective was to provide a vehicle to challenge a pre-trial ruling excluding critical evidence so that, if the ruling were erroneous, the error could be corrected before jeopardy would attach. [read post]
28 Jun 2016, 1:56 pm
Based on this conclusion, the court ruled, relying on State v. [read post]
28 Jun 2016, 1:56 pm
Based on this conclusion, the court ruled, relying on State v. [read post]
9 Feb 2009, 4:00 am
"In addition, the Appellate Division ruled that Ebling had not been denied due process and a fair hearing by the admission of hearsay evidence against him.The full decision is posted on the Internet at:[www.courts.state.ny.us] [read post]
5 Mar 2012, 9:33 am
Well, in Doyle v. [read post]
13 May 2010, 5:45 am
The plaintiff sought return under Rule 41 of surreptitiously recorded videotapes of adults in his bar in private areas because they were seized during a search but not used as evidence in his case. [read post]
1 Apr 2010, 7:41 pm
Federal Rule of Evidence 801(d)(2)(E) provides that A statement is not hearsay if... [read post]
10 Jul 2011, 3:04 pm
Federal Rule of Evidence 301 provides that In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going... [read post]
25 Sep 2011, 1:02 pm
Federal Rule of Evidence 901(b)(5) provides that By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:.... (5) Voice identification. [read post]
26 Feb 2013, 3:06 am
Similar to its federal counterpart, Indiana Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining a material event, condition or transaction, made while the declarant was perceiving the event, condition or... [read post]
18 Jul 2010, 4:15 am
Like its federal counterpart, Michigan 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, if the party against whom the testimony... [read post]
5 Oct 2009, 12:32 pm
In relevant part, Federal Rule of Evidence 608(b) provides that Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in rule 609,... [read post]
30 Aug 2013, 8:45 am
Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay In a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its... [read post]
11 Mar 2011, 3:21 pm
Federal Rule of Evidence 608(b) provides in relevant part that Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in rule 609,... [read post]
14 Jan 2010, 6:33 am
Like its federal counterpart, Michigan Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay In a prosecution for homicide or in a civil action or proceeding, [for] a statement made by a declarant while believing that the... [read post]
21 Jul 2011, 8:35 am
Like its federal counterpart, Tennessee Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the... [read post]
8 Apr 2011, 7:45 am
Federal Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for A statement that: (A) a reasonable person in the declarant’s position would have made only if the person believed it to be true because, when made,... [read post]
21 Oct 2011, 10:46 am
Federa Rule of Evidence 804(b)(6) provides an exception to the rule against hearsay (and the Confrontation Clause) for A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability... [read post]
29 Nov 2012, 4:24 pm
Federal Rule of Evidence 804(b)(6) provides an exception to the rule against hearsay for A statement offered against a party that wrongfully caused — or acquiesced in wrongfully causing — the declarant’s unavailability as a witness, and did so intending... [read post]
20 Jun 2010, 6:07 pm
Federal Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. [read post]
