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25 Mar 2014, 3:58 am 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]
2 Nov 2015, 7:52 am by Legal Profession Prof
The California State Bar Court Review Department proposes disbarment as the sanction for a second disciplinary offense The hearing judge in this proceeding found Wittenberg culpable of violating rule 1-300(B) of the Rules of Professional Conduct by engaging in the... [read post]
23 Jan 2021, 10:55 am by Brian Leiter
Here; an excerpt The more transmissible variant, B.1.1.7, is already spreading rapidly in the United Kingdom, Ireland, and Denmark, and probably in many other countries. [read post]
1 Jul 2007, 10:49 am
If the jury knows you can’t stand your client either (a) you cannot represent him or (b) you should not be public defending any more. [read post]
2 Feb 2009, 7:59 am
Last January, I wrote a post about landmark new rules by the Supreme Court of Florida, pursuant to which: (a) judges in civil cases must allow jurors to submit questions for witnesses, and (b) judges in criminal cases have the... [read post]
11 Jun 2011, 9:11 am by Evidence ProfBlogger
Enacted in 2008, Federal Rule of Evidence 502(b) provides that When made in a Federal proceeding or to a Federal office or agency, the disclosure does not operate as a waiver in a Federal or State proceeding if: (1) the... [read post]
18 Feb 2008, 6:53 am
Click the link at the bottom of this post to listen to my interview with Kendall Hannon about the results of a survey he conducted on Twombly's impact on 12(b)(6) dismissal rates. [read post]
11 Jul 2012, 9:19 am by info@thomasjhenrylaw.com
A tragic weekend accident which left the 11-year-old stepson of R&B crooner Usher brain dead serves as a sobering reminder of the dangers of jet skis. [read post]
5 Jan 2021, 6:15 am by Evidence ProfBlogger
Similar to its federal counterpart, Pennsylvania Rule of Evidence 606(b) states that Upon an inquiry into the validity of a verdict, including a sentencing verdict pursuant to 42 Pa.C.S.A. [read post]
23 Mar 2011, 2:24 pm by jamison
Here he is, with H/T to Sex Offender Issues, on Studio B with Shepard Smith. [read post]
18 Jun 2009, 9:06 am
That's the law in Arkansas (§ 5-14-125(a)(6)(B)), and a proposed law in Louisiana. [read post]
19 Jun 2010, 4:54 am by Evidence ProfBlogger
Like its federal counterpart, Indiana 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, if the... [read post]
31 Jul 2011, 7:38 pm 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 Aug 2012, 3:49 pm by Evidence ProfBlogger
Similar to its federal counterpart, Texas Rule of Evidence 606(b) provides that Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the jury's deliberations, or... [read post]
16 Sep 2010, 5:53 pm by Evidence ProfBlogger
Like its federal counterpart, Michigan Rule of Evidence 404(b) provides in relevant part that Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion....... [read post]
22 Jan 2024, 8:25 am by Evidence ProfBlogger
Pursuant to Federal Rule of Evidence 901(b)(8), one way in which a party can authenticate an item of evidence is through: (8) Evidence About Ancient Documents or Data Compilations. [read post]
18 Mar 2018, 8:59 am by Evidence ProfBlogger
Like its federal counterpart, South Carolina 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... [read post]