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6 May 2022, 6:10 am by Noah J. Phillips
Rather, establishing per se rules about conduct covered under the rule of reason effectively overrules Supreme Court precedent. [read post]
31 Mar 2019, 9:10 am by Tom Church
Rachel Padgett, No. 16-16144 (March 6, 2019) The Court held that a pro se defendant’s Notice of Appeal was insufficient under Rule 3(c)(1) where the evidence reflected the defendant’s intention to file a collateral attack instead. [read post]
31 Mar 2011, 3:51 am
This conflicting evidence, said the Appellate Division, created a credibility issue for ERS to resolve. [read post]
1 Jun 2023, 2:47 pm by Shea Denning
The trial court found that the defendant was black and the victim was white, while some key witnesses, and the victim in evidence admitted under Rule 404(b), were black. [read post]
28 Feb 2007, 7:03 am
Bockting (05-595), the Court found that the decision limiting out-of-court statements as criminal evidence was a new rule and was not a "watershed rule" so it does not apply to earlier cases. [read post]
3 Dec 2013, 3:54 am by Evidence ProfBlogger
Federal Rule of Evidence 615 provides that At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. [read post]
20 Dec 2011, 2:53 pm by Evidence ProfBlogger
Like its federal counterpart, Texas Rule of Evidence 410(4) states that: Except as otherwise provided in this rule, evidence of the following is not admissible against the defendant who made the plea or was a participant in the plea discussions:...... [read post]
31 Jul 2010, 6:52 am by Evidence ProfBlogger
Federal Rule of Evidence 410(1) indicates that Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the... [read post]
31 Mar 2007, 4:34 am
This great post explains the significance of the evidentiary rulings from the Sixth Circuit in Maday v. [read post]