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This handy courtroom guide will keep you from missing any of the elements required to lay a proper foundation and alert you to when your opponent has. The latest edition features 34 sections that have been updated with 70+ case notes of recent significant federal and state decisions.
Some of the topics covered include—
Rule of Completeness
When otherwise inadmissible evidence is offered to satisfy rule of completeness.
Impeachment by Prior Bad Acts
Sexual assault allegations to rebut a fabrication defense.
Civil judgments in criminal case arising from same facts.
Past retention of classified documents in prosecution for similar new offense.
Impeachment by Prior Convictions
Conviction for tampering with evidence as dishonest act under Rule 609(a)(2).
Judge reverses ruling and allows prior conviction in when defendant is in middle of testimony.
Lay Opinion Evidence
Testimony of business owners, officers, and executives about business operations and projects.
Testimony of police sergeant on speed of vehicle based on accident reconstruction calculations.
Expert Opinion Evidence– Daubert Consideration
Expert opinion on class action requirements; reliance on data and information provided by third parties.
Expert opinion on class action requirements; reliance on data and information provided by third parties.
Authentication
Phone calls by defendant from jail.
Video recordings between drug traffickers and defendants.
Copies of harassing emails from father to daughter.
Text messages between man and ex-wife.
Facebook posts.
Victim's transcriptions of text messages from defendant.
Text messages retrieved from cell phone by forensic techniques.
Types of circumstantial evidence that will corroborate identity of sender of electronic communications.
Hearsay and Hearsay Exceptions
Text messages offered to show mother's awareness of daughter's molestation.
Requirements for forfeiture by wrongdoing doctrine.
Evidence of flight requires extrinsic evidence of guilt.
Requirements for adoptive admissions by silence.
Declarant must be identified before his statement can be admissible as vicarious admission.
Rule 36(b)(6) testimony is an evidential, not judicial, admission.
Assessing context and trustworthiness of statements against interest.
Terminally ill declarant's affidavit accepting criminal liability was self-serving.
State-of-mind exception not applicable to statements of memory or belief to prove the fact remembered or believed.
Historic cell site analysis evidence not admissible as a business record.
Bolivian government reports not admissible either as business records or public records, or under the residual exception.
Sexual assault as a startling event for purposes of excited utterance exception.
Attorney-client and work product privilege
Privileged documents required to be produced as discovery sanction were not admissible at trial.
Subsequent Remedial Measures
Evidence of subsequent remedial measures to show control over construction site.
Character Evidence
Evidence of intemperate habits as proof of drunkenness in accident cases.
Evidence of the medical examiner's administrative shortcomings and lack of candor with superiors to impeach credibility.
