Articles Posted in Evidence

“That’s the Guy!”: Federal Rule of Evidence 801(d)(1)(C) and Out-of-Court Statements of Identification Found in 34 CARDOZO L. REV. 1539

Occasionally the prosecution wants to use court records, There is an evidentiary exception that can apply. But, what about the Confrontation Clause? Federalevidence review has a post on that. Eighth Circuit reverses conviction for being an accessory after the fact by assisting another (Clark) in avoiding apprehension for committing a murder based on Confrontation Clause…

The various breath test instruments used by the military and civilian police are subject to challenge, for a number of reasons. Here’s a “report” about the Intoxilyzer 8000 courtesy of PS.

Prosecutors ask CID, NCIS, OSI, CGIS agents all the time why they didn’t believe the accused in the interrogation. The answer often is a variant of, “he was nervous.” Yeah, right. First they are told and usually escorted to the LE office. The escort won’t tell them why or what’s going on. They then have…

The Rule in Queen Caroline’s case is inconsistent with the present intent of Mil. R. Avid. 613(b). But the rule is still applied (IMHE) in courts-martials and in a split of federal circuits. We may be headed back in time. Schaffzin on the Return of the Rule in Queen Caroline’s Case Katharine Traylor Schaffzin (University…

Remember that under Mil. R. Evid. 1102, any changes to the federal rules become effective in court-martial practice 18 months after federal enactment, unless the President directs changes. So, federalevidencereview brings us: Public Comments Critical Of Proposed Amendment To FRE 801(d)(1)(B) (Prior Consistent Statement) (Part IV) Under what circumstances may prior consistent statements be considered?…

Prof. Colin Miller has an interesting post about application of Rule 412, under Texas law, as decided in Johnson v. State, 2013 WL 531079 (Tex.App.-Waco 2013). From Under the Shield: Court of Appeals of Texas Finds Rape Shield Rule Doesn’t Cover Alleged Victim’s Sexual Misconduct Texas Rule of Evidence 412 mimics the federal rule which…

No, not that Army running thing. Hash Values Used To Confirm Seized Video Clips And Images h/t federalevidence review

A cynic will remark that the government’s argument on an issue can be reduced to, “we are the government, we win.” I have noted that “talismanic incantations” from the government should be challenged as just that and the government should be challenged to actually lay out the evidence or specific theory to support their argument.…

The public comment period on a pending amendment to the business record and public record hearsay exceptions under FRE 803(6), (7), (8) expires next week on February 15, 2013. To date, there appears to be no opposition or controversy to the amendment as no public comments have been submitted. The pending amendment concerns the trustworthiness…