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…
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…
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…
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…
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…
Michael H. Graham (University of Miami – School of Law) has posted two articles on "other crimes" evidence under Federal Rule of Evidence 404(b) on SSRN. The first is Other Crimes, Wrongs, or Culpable Acts, Fed.R.Evid. 404(B): ‘Defining’ a New Paradigm (Criminal Law Bulletin, Vol. 47, p. 998, 2011). Here…
Eyewitness Memory for People and Events (Chapter 25) Gary L. Wells Iowa State University, Department of Psychology Elizabeth F. Loftus University of California, Irvine – Department of Psychology and Social Behavior January 16, 2013 Handbook of Psychology, Vol. 11, 2013, Forensic Psychology, Chapter 25, R.K. Otto and & I.B. Weiner…
Federal Evidence Review has this list of issues they see as important in the coming year. Note item 2 was decided by the Supremes 9 January, with a ruling that the accused bears the burden to establish withdrawal from conspiracy.
Similar to its federal counterpart, Minnesota Rule of Evidence 803(6) provides an exception to the rule against hearsay for A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person…