Articles Posted in Evidence

I have previously commented about evidence of the victim’s character for violence and specific incidents. To refresh – there are several ways the assault victim’s character for violent behavior can become relevant and admissible in an assault case. a. The defense puts on opinion testimony about the victim’s violent, threatening, or assaultive non-peaceful character, as…

An item sometimes missed or perhaps not always explored in cases with a confession is the question of corroboration. Here is an Army case that discusses the issue quite well. The case recognizes that the amount of corroboration is small so it’s easy to gloss over the corroboration issue. Here is the value of the…

We have jurisdiction under 28 U.S.C. § 1291. Concluding that the district court did not abuse its discretion in allowing the government to present expert evidence that a thumb print found on some of the contraband recovered by the authorities was a match to Baines’ print, we affirm the judgment of the district court. United…

Does the SODDI defense work? Here are some thoughts or considerations. Elizabeth R. Tenney, Hayley M.D. Cleary, Barbara A. Spellman, “This Other Dude Did It!” A Test of the Alternative Explanation Defense, 21 The Jury Expert July 2009.

Seventh Circuit determines that admission of an audiotape of robbery defendant beating and threatening the life of a potential witness was a “close[ ] call” but that its probative value in suggesting defendant’s guilty conscience “cannot be genuinely disputed” and that this evidence was not unfairly prejudicial despite the fact that one could hear the…

I have commented on this issue previously: More on groundwork. Now the 1st Circuit seems to want to get tougher with prosecutors. First Circuit Once Again Criticizes The Use Of Law Enforcement “Overview” Testimony. After prior admonitions, First Circuit warns prosecutor that failure to avoid the problems in using an “overview” witness may result in…

This case is relevant to both the prosecution and the defense. And not just on cross-examination, but also on direct. On defense claim that the defendant did not affirmatively consent but only “acquiesced” to the search, defense counsel’s use of the word “acquiesced” in cross-examining the officer was inadmissible under FRE 701 for attempting to…

Prof. Colin Miller has this very useful post on the character of a “victim” when a defense of self-defense is raised. The Character Of The Matter: Court Of Appeals Of Arizona Finds That Victim’s Violent Character Is Not An Essential Element Of A Self Defense Claim. In Fish, Harold Arthur Fish appealed from his conviction…

I’ve commented earlier that I do not see Melendez-Diaz altering the drug urinalysis case in terms of laboratory evidence. Here is some additional thought which I think supports my conclusion. Q2: Peer review, forensic experts. One question that came up during oral argument, and remains after the ruling, is the application of the ruling to…

Here is the QP is Briscoe, a VA case which addresses one of the points raised in Melendez-Diaz. I have done this in drug urinalysis cases – asked for production of the lab witnesses as defense witnesses – and been refused. If a state allows a prosecutor to introduce a certificate of a forensic laboratory…