Federal Evidence Blog

Supreme Court Watch: Oral Argument Set in Fourth Amendment Cell Phone Cases

Supreme Court sets oral argument in United States v. Wurie (No. 13-212) and Riley v. California (No. 13-132) for Tuesday, April 29, 2014; both cases could resolve a lower court split concerning whether cells phones can be searched incident to arrest under the Fourth Amendment; these cases may provide new guidance concerning the scope of any search and seizure of cell phones and related devices

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Judicial Conference Extends Pilot Project To Evaluate Cameras In The Federal District Courts

The Judicial Conference of the United States agreed to extend the current pilot project evaluating camera use in some civil cases in fourteen U.S. District Courts; While the extension indicates a later close to the project, it is hoped that the longer period of time will provide additional data for evaluating whether the current policies about cameras in the courtroom could be modified.

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Excluding Sleep Deprivation Expert Under FRE 702

Fourth Circuit underscores the requirement that expert testimony must be helpful to the jury in determining the facts of the case; the exclusion of the sleep deprivation expert testimony, offered to explain the various inconsistent statements made by the defendant, was not helpful to the jury under FRE 702 and did not interfere with the defendant's Sixth Amendment right to present a defense, in United States v. Lespier, _ F.3d _ (4th Cir. Aug. 6, 2013) (No. 12-4266)

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New DOJ Guidelines Impose Higher Restrictions To Obtain Evidence From Members Of The Media

New guidelines issued by the Department of Justice will tighten and limit the circumstances in which federal prosecutors may seek evidence from members of the news media; among several revisions, the Attorney General must approve "all search warrants and court orders issued pursuant to 18 U.S.C. § 2703(d) directed at members of the news media"; Attorney General Eric H. Holder, Jr. notes his support for media shield legislation

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Celebrating The Fourth Of July

The Federal Evidence Blog

returns Friday, July 5th,

after the federal holiday

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Supreme Court Watch: Oral Argument Set In Fifth Amendment Case (Salinas v. Texas)

Supreme Court sets oral argument in Salinas v. Texas, _ U.S. _ (No. 12-246) for Wednesday, April 17, 2013; case will resolve lower court split concerning scope of the Fifth Amendment privilege against self-incrimination during law enforcement questioning prior to arrest or the advisement of Miranda rights

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Celebrating Labor Day

The Federal Evidence Blog
returns on
Tuesday, September 4, 2012.
Enjoy the Labor Day holiday.

Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).

Public Comment Sought On Trustworthiness Requirement For FRE 803(6), FRE 803(7), and FRE 803(8) (Part II)

Proposed amendments to FRE 803(6) (Records of a Regularly Conducted Activity), FRE 803(7) (Absence of a Record of a Regularly Conducted Activity), FRE 803(8) (Public Records) would clarify that the opponent of the record holds the burden to show the untrustworthiness of the record; public comments on the proposed amendments are due by February 15, 2013

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Proposed Amendment Would Clarify Burden To Show Untrustworthiness For FRE 803(6), FRE 803(7), And FRE 803(8) (Part I)

Committee on Rules of Practice and Procedure approved the draft amendment to FRE 803(6) (Records of a Regularly Conducted Activity), FRE 803(7) (Absence of a Record of a Regularly Conducted Activity), FRE 803(8) (Public Records) for publication; the public comment period will commence August 15, 2012 and end by February 13, 2012

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Evidence Viewpoints®: Questions and Answers On The Recently Restyled Federal Rule Of Evidence

The next Evidence Viewpoints® series provides background and insight into the development and amendment of the restyled Federal Rules of Evidence, effective December 1, 2011; The Honorable Robert L. Hinkle, who served as Chair of the Advisory Committee on Evidence Rules during the restyling amendment process, recently answered questions concerning this significant undertaking

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Federal Rules of Evidence