I particularly like this part: Forensic evidence is not uniquely immune fromthe risk of manipulation. According to a recent study conducted under the auspices of the National Academy ofSciences, “[t]he majority of [laboratories producing foren-sic evidence] are administered by law enforcement agen-cies, such as police departments, where the laboratoryadministrator reports…
Melendez-Diaz v. Massachusetts This is the link to the Supreme Court Decision in M-D. Here’s a link to the arguments before the court. Laboratory reports ARE testimonial. Now, what reports are covered? Here is a “comment” by Crime & Consequences blog. Justice Scalia, writing for a 5-4 majority, authored the…
Here is the lead in for an piece on federalevidence.com blog: In medical malpractice case, trial court’s exclusion of defense expert as unqualified was not harmless error; the defense expert’s opinion that the plaintiff’s expert’s conclusion was not supported by the medical literature plaintiff cited did not require the defense…
Earlier I commented on prosecutors introducing inadmissible irrelevant evidence to set the stage or lay the groundwork for an investigation and prosecution (here). Here’s another case, again from the 1st Circuit. This case requires us to assess the propriety of the government’s use of a law enforcement officer as the…
First Circuit focuses on relevance tests to assess the admission of out-of-court statements offered for a non-hearsay purpose; ultimately the error was harmless, in United States v. Benitez-Avila, __ F.3d __ (1st Cir. June 9, 2009) (No. 08-1463). Trial counsel often want to call the investigator to lay the groundwork…
The Best Of Everything: Fourth Circuit Erroneously Finds That Best Evidence Rule Doesn’t Apply In Firearms Appeal Federal Rule of Evidence 1002, the Best Evidence or Original Document Rule, indicates that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except…
What Are Your Intentions?: Sixth Circuit Finds No Plain Error In DEA Agents Drug Quantity Testimony Federal Rule of Evidence 704(b) provides that No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to…
In prosecution for first-degree murder and for using a firearm in the commission of a crime of violence, testimony that defendant threatened two percipient witnesses at the scene of the crime were admissible under FRE 404(b) to show consciousness of guilt, in United States v. Begay, _ F.3d _ (9th…
United States v. Miller, __ M.J. ___, No. 08-0580/AR (C.A.A.F. June 10, 2009). Let’s get the nub of the case from CAAFLog’s summary. Judge Ryan writes for a unanimous court. The issue is "whether the Courts of Criminal Appeals, after finding the evidence factually insufficient to support a finding of…
Here is a link to Prof. Colin Miller’s site. The Areas Of My Expertise: Alabama Federal Court Allows Expert Eyewitness Testimony Despite Eleventh Circuit Precedent. Professor Miller discusses an 11th Circuit decision allowing expert testimony on the unreliability of eyewitness identifications. The court allowed testimony about problems with identifications, but…