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Recently covered in the Federal Evidence Review

  • Eighth Circuit: Computer user names and file authorship were not inadmissible hearsay (Dec. 2010)
  • Supreme Court argument on whether the Fifth Amendment protects noncustodial, pre-Miranda silence (May 2013)
  • Supreme Court: Certification requires proof "that damages are capable of measurement on a classwide basis" (April 2013)
  • Second and Seventh Circuits: Noting continuing uncertainty for expert testimony under Williams v. Illinois (April 2013)
  • Supreme Court argument on whether the Fourth Amendment allows DNA collection from arrestees (March 2013)
  • Seventh Circuit: Considering when are questions hearsay? (March 2013)
  • Supreme Court decides burden of proof to show conspiracy withdrawal in Smith v. United States (Feb. 2013)
  • Fourth Circuit: Marital communications privilege not apply to emails based on computer policy (Jan. 2013)
  • Seventh Circuit distinguishes partial disclosure of work product and attorney-client communications (Jan. 2013)
  • Proposed Amendments to FRE 801(d)(1)(B), FRE 803(6)-(8) pending public comment by February 2013 (Aug. 2012)
  • Evidence Viewpoints®: Whether encrypted information can be obtained under the Fifth Amendment (August 2012)
  • Supreme Court plurality permits DNA profile testimony under the Confrontation Clause in Williams v. Illinois (July 2012)
  • Ninth Circuit: Affirming admission of the SEC Form 10-K Annual Report as a business record (June 2012)
  • Supreme Court holds juries should determine certain criminal fines in Southern Union Co. v. United States (July 2012)
  • Evidence Viewpoints®: Questions and Answers on the Recently Restyled Federal Rules of Evidence (March 2012)
  • Sixth Circuit identifies Daubert "Red Flag" factors to consider for expert testimony (May 2012)
  • Tenth Circuit considers authentication of screen shots of the defendant's web site (July 2012)
  • Eleventh Circuit affirms exclusion of prior acquittal information as hearsay and unfairly prejudicial (July 2012)
  • Supreme Court dismisses case about harmless error standard as improvidently granted (May 2012)
  • Eighth Circuit rejects “dangerous patient” exception under the psychotherapist-patient privilege (April 2012)
  • Supreme Court: Due Process does not require judicial prescreening of eyewitness identification (Feb. 2012)
  • Supreme Court hears new Confrontation Clause case involving expert testimony in Williams v. Illinois (Jan. 2012)
  • New "Restyled" Federal Rules of Evidence, approved by the Supreme Court in April, take effect Dec. 1, 2011 (Dec. 2011)
  • Supreme Court argument on whether juries should determine certain fines under Apprendi v. New Jersey (April 2012)
  • Federal Circuit affirms district court's decision to use its inherent authority to award expert fees (Feb. 2012)
  • Third Circuit reverses dismissal with prejudice of employment discrimination action as spoliation sanction (Feb. 2012)
  • Eleventh Circuit reverses conviction as autopsy reports violated the Confrontation Clause (Feb. 2012)
  • Fourth Circuit: Anonymous witnesses did not violate the Confrontation Clause (Feb. 2012)
  • District Judge grants application to provide the government “with an unencrypted copy of” a hard drive (Feb. 2012)
  • Supreme Court hears new Confrontation Clause case involving expert testimony in Williams v. Illinois (Jan. 2012)
  • First Circuit reviews three primary circumstances to move to quash a grand jury subpoena (Dec. 2011)
  • Tenth Circuit: Unverfied Internet account identity information was inadmissible as business record (Oct. 2011)
  • Fourth Circuit: Border crossing information did not violate the Confrontation Clause (Dec. 2011)
  • Second Circuit excludes “prior good acts performed by the defendants” under FRE 404(b) (Oct. 2011)
  • Second Circuit identifies factors for cross-examination based on a finding the witness was not previously credible (June 2011)
  • Seventh Circuit extends Ohler waiver doctrine to civil cases, joining with other circuits considering issue (Oct. 2011)
  • Supreme Court: Confrontation Clause bars surrogate forensic testimony about another's lab report (July 2011)
  • Eleventh Circuit affirms expert testimony concerning al-Qaeda, related groups and international terrorism (Oct. 2011)
  • First Circuit reverses conviction based on impermissible "overview" agent testimony (June 2011)
  • Eleventh Circuit takes judicial notice of SEC filings in reviewing motion to dismiss complaint (Oct. 2011)
  • Supreme Court clarifies "primary purpose of interrogation" for "an ongoing emergency" (Mar. 2011)
  • Eighth Circuit notes majority has held that judicial findings to prove their truth are hearsay (May 2011)
  • Supreme Court signals interest in reviewing dying declarations under the Confrontation Clause (Mar. 2011)
  • Tenth Circuit: Admitting withdrawn plea agreement during case-in-chief, joining other circuits (Mar. 2011)
  • Fifth Circuit finds error in closing sentencing proceeding without prior notice, opportunity to be heard (June 2011)
  • Eleventh Circuit: Joins other circuits disallowing "were-they-lying" cross-examination questions (April 2010)
  • Federal Circuit rejects "25 percent rule of thumb" under FRE 702 for patent royalties (Feb. 2011)
  • Eleventh Circuit reverses doctor's pro se conviction on misunderstanding right to testify in narrative (Aug. 2011)
  • Seventh Circuit rejects per se rule to admit bias evidence which remains subject to other FRE (Apr. 2011)
  • Tenth Circuit holds FRE 902(11) business record certificates do not violate the Confrontation Clause (Feb. 2011)
  • Second Circuit holds the same journalist privilege standard applies in civil and criminal cases (April 2010)
  • Seventh Circuit affirms admission of voice identification based on 15-second sample (Dec. 2010)
  • Seventh Circuit eliminates "inextricable intertwinement" theory of admissibility (Aug. 2010)
  • Ninth Circuit: Juror Internet access during trial was "insufficiently prejudicial” (Feb. 2011)
  • New Amendment to FRE 804(b)(3) (Declarations Against Interest) takes effect (Dec. 2010)
  • Supreme Court decides contract dispute is non-justiciable based on state secret information (June 2011)
  • Ninth Circuit En Banc narrowly dimisses civil action under the State Secrets Privilege (Oct. 2010)
  • Fifth Circuit notes impermissible line on the use of "drug courier profile" expert testimony (Oct. 2010)
  • Third Circuit rejects presumption for fraud-created-the-market theory of reliance (Sept. 2010)
  • Fifth Circuit affirms chief financial officer lay opinion testimony about lost profits (June 2010)
  • Sixth Circuit notes that videotape evidence may be considered on summary judgment (June 2010)
  • Third Circuit cautions against general, laundry list FRE 404(b) factors in jury instructions (Aug. 2010)
  • Sixth Circuit: Financial affidavit for appointment of counsel is normally inadmissible (June 2010)
  • First Circuit admits FRE 404(b) evidence to rebut innocent involvement defense (Feb. 2011)
  • Eleventh Circuit: Myspace Internet evidence was inadmissible to show identity (June 2010)
  • Ninth Circuit holds best evidence rule does not apply to show the absence of records (Dec. 2010)
  • Second Circuit holds Fifth Amendment privilege unavailable on corporate claim (March 2010)
  • Eighth Circuit upholds forensic accountant expert testimony using basic math and reasoning (Feb. 2011)
  • Supreme Court stays lower court ruling authorizing broadcast of Proposition 8 federal bench trial (Feb. 2010)
  • Ninth Circuit: Investigative public report legal conclusions are inadmissible under FRE 803(8) (Oct. 2010)
  • Ninth Circuit: Pretrial notice of FRE 404(b) other act evidence not required unless defendant requests it (Feb. 2011)
  • Second Circuit: Judicial notice of Bureau of Prisons website for defendant's projected release date (Mar. 2011)
  • Tenth Circuit considers operation of the "mailbox rule" (March 2010)

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SINCE AUGUST 2004 VOL. 1, NO. 1

Federal Evidence Review (Subscription)

Coverage since Volume 1, No.1 (Aug. 2004)

Total New Cases Reviewed: 3009+

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