Federal Evidence Blog
Computer-generated summaries reflecting the insurance company’s indemnity payments and loss adjustment expense payments for insurance claims were admissible as a business record and authenticated under FRE 901(b)(9) by the claims manager who “was familiar with the recordkeeping practices of the company, testified regarding the computer system used to compile and search the insurance claim records, and testified regarding the process of querying the computer system to create the summaries”, U-Haul Intern., Inc. v. Lumbermens Mut. Cas. Co., 576 F.3d 1040 (9th Cir. Aug. 12, 2009) (No. 07-16187)Read more
In obstruction of justice trial of a police officer, in which the defendant’s mens rea was highly contested, the trial court improperly excluded the defendant’s proffer of good character evidence as a “law-abiding, trusted police officer” requiring reversal of the jury conviction, in United States v. Yarbrough, 527 F.3d 1092 (10th Cir. June 3, 2008) (No. 06-5229)
In trademark infringement litigation, a presumption of trademark abandonment applied under FRE 301 when a party showed nonuse of the trademark “for 3 consecutive years” and the trademark owner did not produce any evidence that could support a reasonable jury finding “the nonexistence” of the presumed fact of abandonment, in ITC Ltd. v. Punchgini, Inc., 482 F.3d 135 (2d Cir. Mar. 28, 2007) (No. 05-0933-cv), cert. denied 552 U.S. 827 (2007)Read more
Judicial policy-making body approves initial measures concerning the use of Internet materials in opinions, in Report Of The Proceedings Of The Judicial Conference Of The United States, at 10-11 (March 17, 2009)Read more
In tax evasion trial, defendant's ex-wife testified about conversations while married to the defendant on whether to file tax returns; the testimony was admissible under the joint crime exception to the confidential marital communications privilege, in United States v. Miller, 588 F.3d 897 (5th Cir. Nov. 20, 2009) (No. 08-31168)Read more
The Federal Evidence Review sends its best wishes to our subscribers and visitors for the Thanksgiving Holiday. The Federal Evidence Blog returns tomorrow.
Image: George Washington, Manuscript Proclamation setting Thursday, November 26, 1789 as "a day of public thanks-giving" - the first national Thanksgiving Day proclamation under the Constitution.
Text Of President Washington's Proclamation
City of New York, October 3, 1789.
Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor, and Whereas both Houses of Congress have by their joint Committee requested me "to recommend to the People of the United States a day of public thanks-giving and prayer to be observed by acknowledging with grateful hearts the many signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness."Read more
Voice Identification Under FRE 901(b)(5); DOJ Manual Inadmissible As A Learned Treatise Under FRE 803(18)Wed, 11/25/2009
Sufficient familiarity was shown for agent to identify the defendant’s voice on a recorded conversation based on prior interview; prosecution eyewitness identification manual was hearsay and could not be admitted as a learned treatise, in United States v. Norman, 415 F.3d 466 (5th Cir. 2005) (per curiam) (No. 04-20177)
Identification issues can present unique challenges and can arise in different manners at trial. One case highlighted two separate identification issues. The first involved the identification of the voice of one of the defendants in a recording made during a drug transaction. The second issue involved a hearsay question concerning a manual on eyewitness identification. Read more