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Evidence past and present
Federal Evidence Review now has their annual retro and prospective reviews of noteworthy evidence issues for 2010 and 2011 online.
Key Evidence Issues During 2010
1. Supreme Court Watch: Briscoe v. Virginia – Confrontation Clause – No New Guidance On Forensic Laboratory Analysis
5. New Rule: Amendment: Fed. R. Civ. P. 26: Expert Disclosure
6. New Rule: Amendment: FRE 804(b)(3) on Declarations Against Interest This will be effective 18 months from now it courts-martial if there is no presidential action.
7. Model Jury Instruction Recommended To Deter Juror Use Of Electronic Communication Technologies During Trial
8. Electronic And Internet Evidence Issues
9. Congress Watch: Reporter Shield Legislation Stalls
10. Guidance On Using Dual Lay And Expert Law Enforcement Testimony
Ten Key Evidence Issues for 2011. These issues, which are not necessarily ranked in any order, are discussed further below:
1. Supreme Court: Michigan v. Bryant – Confrontation Clause: Decision Pending
2. Supreme Court: Bullcoming v. New Mexico – Confrontation Clause: February Argument
3. Reconciling The Confrontation Clause and FRE 703
6. FRE 609 & Constitutional Balance Of The Right To Testify With The Right To Remain Silent
7. FRE 606(b) And Racial Prejudice
8. Another Round On The Reporter Shield Legislation
9. Adjusting the FRE for Electronic-Based Evidence: The Case Of FRE 1002:
10. More Efforts In Support Of Cameras In The Federal Courtroom