Search for: "MATTER OF RULES OF EVIDENCE"
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11 Jun 2009, 1:17 pm
In People v Adams (53 NY2d 241 [1981]) the Court of Appeals held that evidence of an unnecessarily suggestive police-arranged identification of a criminal suspect must be suppressed as a matter of State constitutional law. [read post]
11 Oct 2016, 1:05 pm
Yarger (Art Lien) And some justices also expressed concern about exactly what would happen, as a procedural matter, if Pena-Rodriguez were to prevail and a defendant wanted to introduce evidence of racial bias. [read post]
19 Aug 2011, 2:43 am
The opinion is In the Matter of the Estate of Johnny Vajgrt, Deceased, No. 10-1088 (Iowa S. [read post]
9 May 2018, 1:02 pm
Scheithauer, 2014 BCCA 26 at para. 37: …once it is determined that a corrective instruction was appropriate and adequate, the matter ends. [read post]
17 Nov 2022, 12:44 am
Entitlement to Judgment as a Matter of Law in Medical Malpractice Cases On appeal, the court affirmed the trial court ruling with regard to the medical malpractice claim but reversed it as to the wrongful death claim. [read post]
15 May 2018, 8:44 am
Context matters—the potential relevance and probative value of the proposed Rule 412 evidence will depend on what the other evidence and defenses are in the case. [read post]
28 Apr 2024, 4:34 am
In the “court of public opinion,” the one in which there are no rules of evidence, no burden of proof and certainly no appeal, bias runs amok. [read post]
9 Jan 2014, 4:00 pm
When they don't follow the rules, it can be grounds to have the evidence barred from court. [read post]
19 May 2009, 9:39 pm
McPherson's evidence, unlike that of Dr. [read post]
14 Jan 2016, 1:05 pm
An additional wrinkle related to the evidence-necessary rule bears mention. [read post]
20 Jun 2019, 12:48 pm
” In all, the majority argued, “the accrual rule we adopt today, by contrast, respects the autonomy of state courts and avoids these costs to litigants and federal courts. [read post]
19 Jul 2010, 8:06 am
It further resolves various key paradoxes and unexplained connections surrounding evidence law: the fact that an identical standard governs both the foundation of discrete items of evidence and judgment as a matter of law; the “conjunction paradox” in probability theory that has perplexed evidence theorists for 40 years; and the argument (known as the “conditional relevance problem”) that Federal Rule of Evidence 104(b) is… [read post]
10 Apr 2015, 9:00 am
There are two exceptions to this rule: 1. [read post]
10 Jan 2017, 6:32 am
A pre-hearing conference can be initiated by either the chief hearing officer or one of the parties by the filing of a motion.At a pre-hearing conference, the hearing officer can discuss issues such as, but not limited to: the exchange of witness and exhibit lists; stipulations, admissions of fact, and admissibility into evidence of documents; the schedule for exchanging pre-hearing motions or briefs; determination of hearing dates; production of documents; and any matters as may… [read post]
16 May 2008, 3:29 pm
Reid, Military Rule of Evidence 707 and the Art of Post-Polygraph Interrogation: A Proposed Amendment to the Blanket Exclusionary Rule, 2001 Army Law 1, 5 (2001). [read post]
2 Jul 2012, 4:32 am
Although Supreme Court found that the officer was “entitled to such benefits as a matter of law,” the Appellate Division reversed the lower courts ruling. [read post]
29 Mar 2011, 5:30 am
Whatever the appropriate division between shareholders and managers under state law, there is little evidence that the standard changes depending upon the public importance of the matter. [read post]
13 Jun 2010, 1:45 pm
My guess is prosecutors believe the evidence is significant, which is why they appealed a pre-trial evidentiary ruling. [read post]
3 May 2023, 11:50 am
Supreme Court ruling in the case of McKennon v. [read post]
8 Feb 2022, 8:12 am
Among the appellate courts that have declined to render a definitive ruling is the Sixth Circuit, which in 2020 stated it had “yet to settle th[e] matter. [read post]
