The Subject Index alphabetically lists particular topics covered in past issues of the Federal Evidence Review.
Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
| Article | Issue | Volume No. | Page No. |
|---|---|---|---|
| A | |||
| Abuse of Discretion | |||
| Developing Consensus: Ninth Circuit Adopts A Two-Step De Novo And Abuse Of Discretion Standard Of Review For Confrontation Clause Claims Involving Limitations On Cross-Examination, Joining Five Other Circuits | Sept. 2007 | 4 | 1279 |
| Developing Consensus: D.C. Circuit Joins Three Other Circuits In Adopting An Abuse Of Discretion Standard Of Review For A Court-Appointed Expert Under FRE 706 | March 2007 | 4 | 320 |
| Admission | |||
| Practice Tip: FRE 801(d)(2)(D) And Alternative Grounds To Admit Statements Of A Party’s Agent | Nov. 2007 | 4 | 1632 |
| Practice Tip: FRE 801(d)(2)(C) And Alternative Grounds To Admit Statements Of An Authorized Party | Dec. 2007 | 4 | 1764 |
| Circuit Split: FRE 801(d)(2): Admission By Party Opponent Under FRE 801(d)(2) – Can A Statement By A Government Agent Be An Admission By A Party Opponent? | June 2005 | 2 | 459 |
| Developing Consensus: FRE 801(d)(2)(B): Possession of Documents as an Adoptive Admission – Tenth Circuit joins First and Ninth Circuits in adopting "possession plus" standard for adoptive admissions for documents | Sept. 2004 | 1 | 91 |
| Other Significant Evidence Cases: 18 U.S.C. § 3505: Foreign Business Records - Foreign certification of school exam records admissible as foreign business records | Oct. 2006 | 3 | 1492 |
| Other Significant Evidence Cases: Fed. R.Crim.P. 16(a)(1)(G) Pretrial Notice Of Expert Witness - Admission of expert testimony after failure to provide pretrial notice not disturbed when no prejudice shown | June 2006 | 3 | 841 |
| Practice Tip: FRE 801(d)(2)(D) And Alternative Grounds To Admit Statements Of A Party’s Agent | Nov. 2007 | 4 | 1632 |
| Practice Tip: FRE 801(d)(2)(C) And Alternative Grounds To Admit Statements Of An Authorized Party | Dec. 2007 | 4 | 1764 |
| Circuit Split: Rule 801(d)(2): Admission By Party Opponent Under FRE 801(d)(2) – Can A Statement By A Government Agent Be An Admission By A Party Opponent? | June 2005 | 2 | 459 |
| Developing Consensus: Federal Rule of Evidence 801(d)(2)(B): Possession of Documents as an Adoptive Admission – Tenth Circuit joins First and Ninth Circuits in adopting possession plus standard for adoptive admissions for documents | Sept. 2004 | 1 | 91 |
| Practice Tip: FRE 801(d)(1)(B) And Alternative Grounds To Admit Prior Statements | July 2007 | 4 | 961 |
| Adoptive Admission | |||
| Practice Tip: FRE 801(d)(1)(B) And Alternative Grounds To Admit Prior Statements | July 2007 | 4 | 961 |
| Affirmation | |||
| Open Issue:Whether Trial Counsel Can Waive The Oath Or Affirmation Requirement Under FRE 603 Or The Defendant Must Personally Waive The Requirement? | Mar. 2007 | 4 | 324 |
| Against A Party | |||
| Practice Tip: The "Against A Party" Requirement In Admitting Party Statements Under FRE 801(d)(2): Barring Hearsay And Exculpatory Statements Introduced By The Party Through Others Unless The Party Elects To Testify | Oct. 2005 | 2 | 946 |
| Agent | |||
| Practice Tip:FRE 801(d)(2)(D) And Alternative Grounds To Admit Statements Of A Party’s Agent | Nov. 2007 | 4 | 1632 |
| Developing Consensus:Tenth Circuit Joins Nine Circuits And Holds That Case Agent Responsible For An Investigation May Remain In The Courtroom Under FRE 615(2) And Normally Is Not Subject To A Witness Exclusion Rule | Nov. 2007 | 4 | 1637 |
| Amendment | |||
| Lead Story:Proposed Amendments To FRE 804(b)(6) (Forfeiture By Wrongdoing) | June 2007 | 4 | 791 |
| Appeal | |||
| Lead Story:Appellate Jurisdiction Over Trial Court Decisions Denying A Claim Of An Evidentiary Privilege | Aug. 2007 | 4 | 1088 |
| Open Issues Pending: FRE 103(a): Effect of Erroneous Ruling – Eleventh Circuit notes open issue whether, after a tentative in limine court ruling to admit or exclude evidence, the party seeking admission is required to offer the evidence again at trial in order to preserve the issue for appeal | April 2005 | 2 | 255 |
| Arrest | |||
| Practice Tip:Statements Involving Arrested Co-Conspirators Under FRE 801(d)(2)(E) | June 2007 | 4 | 806 |
| Asylum | |||
| Developing Consensus:Ninth Circuit Notes Trend Of Allowing Document Authentication In Asylum Proceedings By Other Than Official Government Certification | Dec. 2007 | 4 | 1772 |
| Attorney-Client Privilege | |||
| Practice Tip:Implicit Waiver Of The Attorney-Client Privilege | Aug. 2007 | 4 | 1103 |
| Open Issues:Third Circuit Considers Whether To Recognize The “Fiduciary Exception” To The Attorney-Client Privilege, Which Is Applied In Several Other Circuits | May 2007 | 4 | 641 |
| Practice Tip: The Attorney-Client Communications Privilege: Common Exceptions And Grounds For Unavailability | May 2007 | 4 | 630 |
| Open Issue:Ninth Circuit Resolves Open Questions On Application Of Crime-Fraud Exception To Attorney-Client Privilege | April 2007 | 4 | 461 |
| Lead Story: Are Further Changes On The Horizon Concerning The Corporate Attorney-Client Privilege And Work Product Protection?: The New McNulty Memorandum, Recent Congressional Action, And Proposed FRE 502 Suggest A Ripe Environment For Even Further Standards To Be Promulgated | Jan. 2007 | 4 | 25 |
| Lead Story: Is The Time Ripe For Adoption Of A Rule Of Selective Waiver Of The Attorney Client Privilege And Work Product Protection? | Aug. 2006 | 3 | 1040 |
| Circuit Split: FRE 501: Attorney-Client Privilege – Availability Of The Governmental Attorney-Client Privilege | March 2005 | 2 | 175 |
| Open Issues: 501 Privileges – Attorney-Client – Sixth Circuit Resolves Whether A Municipal Corporation Can Assert The Attorney-Client Privilege In Civil Litigation | Oct. 2005 | 2 | 950 |
| Open Issue: Tenth Circuit Confronts Open Issue Whether A Selective Waiver Of The Attorney-Client Privilege And Work-Product Doctrine Should Be Recognized And Declines To Do So | July 2006 | 3 | 885 |
| Authentication | |||
| Developing Consensus:Ninth Circuit Notes Trend Of Allowing Document Authentication In Asylum Proceedings By Other Than Official Government Certification | Dec. 2007 | 4 | 1772 |
| Open Issues: Fifth Circuit Holds That Grand Jury Testimony May Be Used As A Foundation For Authentication Of Business Records And Not Violate The Confrontation Clause | Nov. 2007 | 4 | 1641 |
| Practice Tip: FRE 901 Authentication And Identification (Special Application: Telephone Conversations) | Sept. 2005 | 2 | 836 |
| Practice Tip: FRE 901 Authentication And Identification (Special Application: Photographs) | Jan. 2005 | 2 | 16 |
| Practice Tip: Authentication Procedures Outside The FRE | April 2006 | 3 | 443 |
| Developing Consensus: FRE 902(b)(2): Self-authentication & FRE 702: Lay Opinion Testimony - Whether FRE 902(b)(2) Handwriting Authentication Must Comply With FRE 701 Personal Knowledge Requirements | Oct. 2006 | 3 | 1415 |
| Authorized Party | |||
| Practice Tip: FRE 801(d)(2)(C) And Alternative Grounds To Admit Statements Of An Authorized Party | Dec. 2007 | 4 | 1764 |
| Availability | |||
| Circuit Split: FRE 501: Attorney-Client Privilege – Availability Of The Governmental Attorney-Client Privilege | March 2005 | 2 | 175 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| B | |||
| Best Evidence | |||
| Practice Tip: FRE 1002: Requirements of Original (Best Evidence Rule) | Oct. 2004 | 1 | 138 |
| Bruton v. United States | |||
| Developing Consensus: Sixth Circuit Approves A Joint Trial Procedure To Admit A Co-Defendant’s Incriminating Statements Without Violating Other Defendants’ Confrontation Rights | Dec. 2007 | 4 | 1769 |
| Business Records | |||
| Developing Consensus: D.C. Circuit Joins Four Other Circuits In Holding Records In Which A Firm Takes Custody Are “Made” By the Firm And Are Admissible As Business Records Assuming Other Requirements Under FRE 803(6) Are Satisfied | Jan. 2008 | 5 | 44 |
| Open Issue: Ninth Circuit Notes Open Issue Whether The Confrontation Clause Is Violated By Admission Of Foreign Business Records Under 18 U.S.C. § 3505 | March 2006 | 3 | 324 |
| Practice Tip: Fifth Circuit Holds That Grand Jury Testimony May Be Used As A Foundation For Authentication Of Business Records And Not Violate The Confrontation Clause | Nov. 2007 | 4 | 1641 |
| Open Issue: Ninth Circuit Notes Open Issue Whether The Confrontation Clause Is Violated By Admission Of Foreign Business Records Under 18 U.S.C. § 3505 | March 2006 | 3 | 324 |
| Developing Consensus: Third Circuit Notes Circuit Agreement That Past Taxpaying Records Properly Admitted To Show Defendant's Intent In Tax Evasion Prosecution Under FRE 404(b) | May 2006 | 3 | 646 |
| Developing Consensus: Seventh Circuit Notes Growing Trend That (a) "Testimonial" Includes Statements "Made With An Eye Toward Prosecution" And (b) Business Records Are Non-Testimonial | Sept. 2006 | 3 | 1205 |
| Practice Tip: Proving FDIC Coverage | Oct. 2006 | 3 | 1401 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| C | |||
| Capital Case | |||
| Developing Consensus: Six Circuits Have Rejected Claims That The Confrontation Clause Disallows A Relaxed Evidentiary Standard In Federal Capital Sentencing | Aug. 2007 | 4 | 1108 |
| Case Agent | |||
| Developing Consensus: Tenth Circuit Joins Nine Circuits And Holds That Case Agent Responsible For An Investigation May Remain In The Courtroom Under FRE 615(2) And Normally Is Not Subject To A Witness Exclusion Rule | Nov. 2007 | 4 | 1637 |
| Character | |||
| Lead Story: An Overview Of The Pending Amendment To FRE 404(a) Concerning The Admissibility Of Character Evidence To Prove Conduct | Jan. 2006 | 3 | 20 |
| Developing Consensus: FRE 405: Methods of Proving Character – Resolving open issue concerning use of guilt assuming hypotheticals in cross-examining character witnesses, Ninth Circuit joins majority of other circuits in prohibiting the government from using guilt-assuming hypotheticals | Aug. 2004 | 1 | 19 |
| Chart | |||
| Practice Tip: Alternative Ways to Admit Charts or Summaries When FRE 1006 is Unavailable | Sept. 2004 | 1 | 87 |
| Child | |||
| Circuit Split: Fourth Circuit Notes A Circuit Split Between The Seventh And Ninth Circuits On Whether The Trial Court Must Strictly Apply Specific Factors Under A FRE 403 Analysis Before Admitting Prior Child Molestation Evidence Under FRE 414 | Jan. 2008 | 5 | 48 |
| Circuit Split: FRE 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment – In admitting a child victim’s identification of the perpetrator under FRE 803(4), is a doctor required to explain that the statement is essential to diagnosis and treatment? | Nov. 2004 | 1 | 205 |
| Choice Of Law | |||
| Practice Tip: FRE 601, Witness Competency, And Choice Of Law In Federal Court | Aug. 2005 | 2 | 703 |
| Circuit | |||
| Developing Consensus: FRE 103 – Harmless Error Application: Can A Circuit Rule Sua Sponte On A Harmless Error? | Sept. 2005 | 2 | 842 |
| Lead Story: FRE 404(b) Divergent Elements: A Circuit Split Ripe For Certiorari Review? | June 2006 | 3 | 756 |
| Circuit Splits – See Circuit Splits Index | |||
| Civil | |||
| Lead Story: An Overview Of The Pending Amendment To FRE 408 Concerning The Admissibility Of Compromise Evidence | Dec. 2005 | 2 | 1135 |
| Circuit Split: FRE 408: Compromise and Offers to Compromise – Is civil settlement evidence admissible in a criminal fraud trial? | Sept. 2004 | 1 | 10 |
| Circuit Split: FRE 103(a): Effect of Erroneous Ruling – Does the cumulative error doctrine extended to civil cases? | Aug. 2004 | 1 | 17 |
| Open Issues Pending: FRE 501 Privilege – Attorney-Client – Whether A Municipal Corporation Can Assert The Attorney-Client Privilege In Civil Litigation | Oct. 2005 | 2 | 950 |
| Civil Rights | |||
| Open Issues: FRE 704(a): Opinion on Ultimate Issue – Eleventh Circuit notes open issue in a Section 1983 civil rights action whether an expert opinion on "deliberate indifference" amounts to a conclusion of law? | April 2005 | 2 | 258 |
| Co–Conspirator Statement | |||
| Developing Consensus: Seventh Circuit Joins Six Other Circuits Holding That FRE 801(D)(2)(E) Co–Conspirator Statements Are Not Testimonial Under | Dec. 2007 | 4 | 1767 |
| Practice Tip: FRE 801(d)(2)(E) And Alternative Grounds To Admit Co–Conspirator Statements | Sept. 2007 | 4 | 1273 |
| Practice Tip: FRE 801(d)(2)(B) And Alternative Grounds To Admit Co–Conspirator Statements | Sept. 2007 | 4 | 961 |
| Practice Tip: Statements Involving Arrested Co–Conspirators Under FRE 801(d)(2)(E) | June 2007 | 4 | 806 |
| Open Issues: Sixth Amendment Confrontation Clause & FRE 801(d)(2)(E): Co-conspirator Statements " Second Circuit notes open issue whether co-defendant plea allocutions may be used to demonstrate the existence of a conspiracy under FRE 801(d)(2)(E) without violating Crawford v. Washington | Jan. 2005 | 2 | 19 |
| Developing Consensus: Eleventh Circuit Finds Consensus That FRE 801(d)(2)(E) Coconspirator Statements Are Not "Testimonial" For Confrontation Clause Purposes | May 2006 | 3 | 644 |
| Co–Defendant | |||
| Developing Consensus: Sixth Circuit Approves A Joint Trial Procedure To Admit A Co-Defendant’s Incriminating Statements Without Violating Other Defendants’ Confrontation Rights | Dec. 2007 | 4 | 1769 |
| Collateral Review | |||
| Supreme Court Watch: Supreme Court Unanimously Holds Crawford Confrontation Clause Analysis Does Not Apply Retroactively On Collateral Review, Reversing Ninth Circuit | March 2007 | 4 | 315 |
| Developing Consensus: Sixth Amendment: Confrontation Clause " First Cases – Crawford Does Not Apply Retroactively On Collateral Review | Jan. 2005 | 2 | 17 |
| Circuit Split: Eleventh Circuit Suggests Crawford Confrontation Clause Decision Does Not Apply Retroactively On Collateral Review> | March 2006 | 3 | 317 |
| Circuit Split: Eleventh Circuit Notes Circuit Split And Joins Four Other Circuits In Holding Crawford Does Not Apply Retroactively On Collateral Review | May 2006 | 3 | 637 |
| Supreme Court Watch: Whether Crawford Applies Retroactively On Collateral Review | June 2006 | 3 | 766 |
| Compromise | |||
| Circuit Split: Admission Of Civil Compromise Evidence In Criminal Proceedings Under FRE 408 | Jan. 2006 | 3 | 32 |
| Lead Story: An Overview Of The Pending Amendment To FRE 408 Concerning The Admissibility Of Compromise Evidence | Dec. 2005 | 2 | 1135 |
| Circuit Split: FRE 408: Compromise and Offers to Compromise " Is civil settlement evidence admissible in a criminal fraud trial? | Sept. 2004 | 1 | 10 |
| Open Issue: D.C. Circuit Notes Open Issue Concerning Existence Of A Federal Settlement Privilege | April 2006 | 3 | 456 |
| Confrontation Clause | |||
| Developing Consensus: Sixth Circuit Approves A Joint Trial Procedure To Admit A Co-Defendant’s Incriminating Statements Without Violating Other Defendants’ Confrontation Rights | Dec. 2007 | 4 | 1769 |
| Developing Consensus: Seventh Circuit Joins Six Other Circuits Holding That FRE 801(D)(2)(E) Co–Conspirator Statements Are Not Testimonial Under Crawford | Dec. 2007 | 4 | 1767 |
| Open Issue: Fifth Circuit Holds That Grand Jury Testimony May Be Used As A Foundation For Authentication Of Business Records And Not Violate The Confrontation Clause | Nov. 2007 | 4 | 1641 |
| Developing Consensus: Ninth Circuit Adopts A Two-Step De Novo And Abuse Of Discretion Standard Of Review For Confrontation Clause Claims Involving Limitations On Cross–Examination, Joining Five Other Circuits | Sept. 2007 | 4 | 1279 |
| Developing Consensus: Six Circuits Have Rejected Claims That The Confrontation Clause Disallows A Relaxed Evidentiary Standard In Federal Capital Sentencing | Aug. 2007 | 4 | 1108 |
| Developing Consensus: D.C. Circuit Joins Nine Other Circuits In Concluding Crawford Confrontation Clause Analysis Does Not Apply During Sentencing Proceedings | May 2007 | 4 | 637 |
| Developing Consensus: Tenth Circuit Notes Circuit Consensus To Apply An Objective Test For Testimonial Statements Under The Confrontation Clause | Feb. 2007 | 4 | 193 |
| Supreme Court Watch: Supreme Court Unanimously Holds Crawford Confrontation Clause Analysis Does Not Apply Retroactively On Collateral Review, Reversing Ninth Circuit | March 2007 | 4 | 315 |
| Lead Story: After Crawford v. Washington: Early Observations On the Admissibility of Evidence Under the Confrontation Clause | Sept. 2004 | 1 | 83 |
| Circuit Split: Sixth Amendment - Confrontation Clause - Whether 911 telephone calls are "testimonial" under Crawford? | Nov. 2005 | 2 | 1041 |
| Circuit Split: Sixth Amendment – Confrontation Clause " The Retroactivity Of Crawford Confrontation Clause Analysis | March 2005 | 2 | 173 |
| Developing Consensus: Sixth Amendment – Confrontation Clause " Does Crawford apply at sentencing? | Aug. 2005 | 2 | 707 |
| Developing Consensus: Sixth Amendment – Confrontation Clause " First Cases – Crawford Does Not Apply Retroactively On Collateral Review | Jan. 2005 | 2 | 17 |
| Open Issues Pending: Sixth Amendment Confrontation Clause & FRE 801(d)(2)(E): Co-conspirator Statements " Second Circuit notes open issue whether co-defendant plea allocutions may be used to demonstrate the existence of a conspiracy under FRE 801(d)(2)(E) without violating Crawford v. Washington | Jan. 2005 | 2 | 19 |
| Circuit Split: Eleventh Circuit Suggests Crawford Confrontation Clause Decision Does Not Apply Retroactively On Collateral Review> | March 2006 | 3 | 317 |
| Developing Consensus: Eleventh Circuit Joins Four Other Circuits In Finding A Witnesses' Trial Testimony By A Live, Two-Way Video Conference Violates Sixth Amendment Confrontation Rights | March 2006 | 3 | 319 |
| Open Issue: Sixth Circuit Notes Post-Crawford And Post-Booker Question Concerning Use Of Hearsay At Sentencing | March 2006 | 3 | 320 |
| Open Issue: Ninth Circuit Notes Open Issue Whether The Confrontation Clause Is Violated By Admission Of Foreign Business Records Under 18 U.S.C. § 3505 | March 2006 | 3 | 324 |
| Lead Story: Sixth Amendment Confrontation Clause Rights And Video Conferencing — Struggling Or Stumbling Into The Twenty-First Century? | April 2006 | 3 | 433 |
| Circuit Split: Must Non-Testimonial Hearsay Statements Satisfy The Ohio v. Roberts Confrontation Clause Requirement? | April 2006 | 3 | 447 |
| Developing Consensus: Fifth Circuit Joins Ninth And Eleventh Circuits Finding Immigration File Documents To Be Non-Testimonial Hearsay | April 2006 | 3 | 452 |
| Lead Story: Further Observations On Admitting Evidence Under The Confrontation Clause Two Years After Crawford v. Washington | May 2006 | 3 | 617 |
| Circuit Split: Eleventh Circuit Notes Circuit Split And Joins Four Other Circuits In Holding Crawford Does Not Apply Retroactively On Collateral Review | May 2006 | 3 | 637 |
| Developing Consensus: Ninth Circuit Joins Other Circuits In Finding Use At Sentencing Of Hearsay Possessing A Minimum Indicia Of Reliability Does Not Violate The Confrontation Clause | May 2006 | 3 | 640 |
| Developing Consensus: Eleventh Circuit Finds Consensus That FRE 801(d)(2)(E) Coconspirator Statements Are Not "Testimonial" For Confrontation Clause Purposes | May 2006 | 3 | 644 |
| Supreme Court Watch: Whether Crawford Applies Retroactively On Collateral Review | June 2006 | 3 | 766 |
| Developing Consensus: First Circuit Notes Consensus That Use of Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | July 2006 | 3 | 891 |
| Supreme Court Watch: Davis v. Washington And The Scope Of "Testimonial" Hearsay Statements | July 2006 | 3 | 896 |
| Developing Consensus: Ninth Circuit Notes Consensus With First And Seventh Circuits That Exclusion Of Cross-Examination On Specific Sentence Cooperating Witnesses Faced Did Not Violate Confrontation Clause | Sept. 2006 | 3 | 1199 |
| Developing Consensus: Seventh Circuit Notes Growing Trend That (a) "Testimonial" Includes Statements "Made With An Eye Toward Prosecution" And (b) Business Records Are Non-Testimonial | Sept. 2006 | 3 | 1205 |
| Open Issue: Ninth Circuit Notes Continuing Open Issue Under The Confrontation Clause Whether Ohio v. Roberts Applies To Non-Testimonial Statements | Sept. 2006 | 3 | 1209 |
| Open Issue: Sixth Amendment: Confrontation Clause - Second Circuit Notes Open Issue Whether Ohio v. Roberts "Particularized Guarantees Of Trustworthiness" Standard Continues To Apply To Non-Testimonial Statements | Nov. 2006 | 3 | 1533 |
| Open Issue: Sixth Amendment: Confrontation Clause - Ninth Circuit Notes Continuing Open Issue Under The Confrontation Clause Whether Ohio v. Roberts Applies To Non-Testimonial Statements | Sept. 2006 | 3 | 1209 |
| Confusion | |||
| Lead Story: Steps For Avoiding Potential Prejudice, Confusion And Other Problems In Using Law Enforcement Dual Fact and Expert Witnesses | Dec. 2007 | 4 | 1752 |
| Consciousness of Guilt | |||
| Lead Story: Admitting Flight And Other Forms Of Consciousness Of Guilt Evidence | Sept. 2007 | 4 | 1257 |
| Corporation | |||
| Lead Story: Are Further Changes On The Horizon Concerning The Corporate Attorney-Client Privilege And Work Product Protection?: The New McNulty Memorandum, Recent Congressional Action, And Proposed FRE 502 Suggest A Ripe Environment For Even Further Standards To Be Promulgated | Jan. 2007 | 4 | 25 |
| Open Issues Pending: FRE 501 Privilege – Attorney-Client " Whether A Municipal Corporation Can Assert The Attorney-Client Privilege In Civil Litigation | Oct. 2005 | 2 | 950 |
| Court Appointed Expert | |||
| Developing Consensus: D.C. Circuit Joins Three Other Circuits In Adopting An Abuse Of Discretion Standard Of Review For A Court–Appointed Expert Under FRE 706 | March 2007 | 4 | 320 |
| Courtroom | |||
| Circuit Split: FRE 615: Exclusion of Witnesses " Can FRE 615 (allowing a court to "order witnesses excluded so that they cannot hear the testimony of other witnesses") reach outside the courtroom? | Oct. 2004 | 1 | 140 |
| Developing Consensus: Eleventh Circuit Joins Four Other Circuits In Finding A Witnesses' Trial Testimony By A Live, Two-Way Video Conference Violates Sixth Amendment Confrontation Rights | March 2006 | 3 | 319 |
| Lead Story: Sixth Amendment Confrontation Clause Rights And Video Conferencing — Struggling Or Stumbling Into The Twenty-First Century? | April 2006 | 3 | 433 |
| Lead Story: FRE 615: Ten Common Questions & Misconceptions | Nov. 2006 | 3 | 1518 |
| Court Interrogation | |||
| Practice Tip: Ninth Circuit Resolves Open Questions On Application Of Crime-Fraud Exception To Attorney-Client Privilege | Mar. 2007 | 4 | 309 |
| Crawford v. Washington | |||
| Developing Consensus: Seventh Circuit Joins Six Other Circuits Holding That FRE 801(D)(2)(E) Co–Conspirator Statements Are Not Testimonial Under Crawford | Dec. 2007 | 4 | 1767 |
| Developing Consensus: D.C. Circuit Joins Nine Other Circuits In Concluding Crawford Confrontation Clause Analysis Does Not Apply During Sentencing Proceedings | May 2007 | 4 | 637 |
| Developing Consensus: The Eighth Circuit Joins The First, Fifth, Ninth And Eleventh Circuits Holding That The Use Of A Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | June 2007 | 4 | 810 |
| Developing Consensus: Eighth Circuit Joins Four Other Circuits Concluding Warrants of Deportation Are Non-Testimonial Under Crawford | March. 2007 | 4 | 810 |
| Developing Consensus: Tenth Circuit Notes Circuit Consensus To Apply An Objective Test For Testimonial Statements Under The Confrontation Clause | Feb. 2007 | 4 | 193 |
| Supreme Court Watch: Supreme Court Unanimously Holds Crawford Confrontation Clause Analysis Does Not Apply Retroactively On Collateral Review, Reversing Ninth Circuit | March 2007 | 4 | 315 |
| Open Issue: Sixth Amendment: Confrontation Clause: : Second Circuit Notes Tension Between Admission Of Hearsay "in Furtherance" Of A Conspiracy And Crawford's Mandate To Exclude Such Hearsay When "Testimonial" | Feb. 2006 | 3 | 208 |
| Developing Consensus: D.C. Circuit Notes Other Circuits Reject Application Of Crawford's Limitation On "Testimonial Hearsay" In Parole Hearings | Jan. 2006 | 3 | 36 |
| Open Issue: Fifth Circuit Notes Open Issue Whether Crawford Confrontation Clause Case Applies Retroactively | Jan. 2006 | 3 | 47 |
| Developing Consensus: Crawford Does Not Apply At Sentencing | Dec. 2005 | 2 | 1148 |
| Developing Consensus: A Warrant Of Deportation Is "Non-Testimonial" Under Crawford | Dec. 2005 | 2 | 1149 |
| Developing Consensus: First Circuit Joins Four Other Circuits In Concluding Crawford Confrontation Clause Analysis Does Not Apply During Supervised Release Proceeding | Dec. 2005 | 2 | 1150 |
| Lead Story: After Crawford v. Washington: Early Observations On the Admissibility of Evidence Under the Confrontation Clause | Sept. 2004 | 1 | 4 |
| Circuit Split: Sixth Amendment – Confrontation Clause " Whether 911 telephone calls are "testimonial" under Crawford? | Nov. 2005 | 2 | 1041 |
| Circuit Split: Sixth Amendment – Confrontation Clause " The Retroactivity Of Crawford Confrontation Clause Analysis | March 2005 | 2 | 173 |
| Developing Consensus: Sixth Amendment – Confrontation Clause " Does Crawford apply at sentencing? | Aug. 2005 | 2 | 707 |
| Developing Consensus: Sixth Amendment – Confrontation Clause " First Cases – Crawford Does Not Apply Retroactively On Collateral Review | Jan. 2005 | 2 | 17 |
| Open Issues Pending: Sixth Amendment Confrontation Clause & FRE 801(d)(2)(E): Co-conspirator Statements " Second Circuit notes open issue whether co-defendant plea allocutions may be used to demonstrate the existence of a conspiracy under FRE 801(d)(2)(E) without violating Crawford v. Washington | Jan. 2005 | 2 | 19 |
| Circuit Split: Eleventh Circuit Suggests Crawford Confrontation Clause Decision Does Not Apply Retroactively On Collateral Review> | March 2006 | 3 | 317 |
| Open Issue: Sixth Circuit Notes Post-Crawford And Post-Booker Question Concerning Use Of Hearsay At Sentencing | March 2006 | 3 | 320 |
| Open Issue: Ninth Circuit Notes Open Issue Whether The Confrontation Clause Is Violated By Admission Of Foreign Business Records Under 18 U.S.C. § 3505 | March 2006 | 3 | 324 |
| Developing Consensus: Fifth Circuit Joins Ninth And Eleventh Circuits Finding Immigration File Documents To Be Non-Testimonial Hearsay | April 2006 | 3 | 452 |
| Lead Story: Further Observations On Admitting Evidence Under The Confrontation Clause Two Years After Crawford v. Washington | May 2006 | 3 | 617 |
| Circuit Split: Eleventh Circuit Notes Circuit Split And Joins Four Other Circuits In Holding Crawford Does Not Apply Retroactively On Collateral Review | May 2006 | 3 | 637 |
| Developing Consensus: Ninth Circuit Joins Other Circuits In Finding Use At Sentencing Of Hearsay Possessing A Minimum Indicia Of Reliability Does Not Violate The Confrontation Clause | May 2006 | 3 | 640 |
| Developing Consensus: Eleventh Circuit Finds Consensus That FRE 801(d)(2)(E) Coconspirator Statements Are Not "Testimonial" For Confrontation Clause Purposes | May 2006 | 3 | 644 |
| Supreme Court Watch: Whether Crawford Applies Retroactively On Collateral Review | June 2006 | 3 | 766 |
| Developing Consensus: First Circuit Notes Consensus That Use of Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | July 2006 | 3 | 891 |
| Supreme Court Watch: Davis v. Washington And The Scope Of "Testimonial" Hearsay Statements | July 2006 | 3 | 896 |
| Developing Consensus: Ninth Circuit Notes Consensus With First And Seventh Circuits That Exclusion Of Cross-Examination On Specific Sentence Cooperating Witnesses Faced Did Not Violate Confrontation Clause | Sept. 2006 | 3 | 1199 |
| Developing Consensus: Seventh Circuit Notes Growing Trend That (a) "Testimonial" Includes Statements "Made With An Eye Toward Prosecution" And (b) Business Records Are Non-Testimonial | Sept. 2006 | 3 | 1205 |
| Open Issue: Ninth Circuit Notes Continuing Open Issue Under The Confrontation Clause Whether Ohio v. Roberts Applies To Non-Testimonial Statements | Sept. 2006 | 3 | 1209 |
| Developing Consensus: Sixth Amendment: Confrontation Clause - Eighth Circuit Notes Consensus That Admission Of Certificate Of Nonexistence Of Record (CNR) Is Not Testimonial Under Crawford | Dec. 2006 | 3 | 1658 |
| Crime Fraud Exception | |||
| Open Issue: Ninth Circuit Resolves Open Questions On Application Of Crime–Fraud Exception To Attorney-Client Privilege | April 2007 | 4 | 416 |
| Criminal | |||
| Circuit Split: FRE 408: Compromise and Offers to Compromise " Is civil settlement evidence admissible in a criminal fraud trial? | Sept. 2004 | 1 | 10 |
| Practice Tip: Proving FDIC Coverage | Oct. 2006 | 3 | 1401 |
| Cross–Examination | |||
| Developing Consensus: Ninth Circuit Adopts A Two-Step De Novo And Abuse Of Discretion Standard Of Review For Confrontation Clause Claims Involving Limitations On Cross–Examination, Joining Five Other Circuits | Sept. 2007 | 4 | 1279 |
| Lead Story: Admitting Flight And Other Forms Of Consciousness Of Guilt Evidence | Sept. 2007 | 4 | 1257 |
| Lead Story: The General Bar Against Using Guilt–Assuming Hypothetical Questions And Other Avenues To Question Character Witnesses | July 2007 | 4 | 951 |
| Cumulative Error | |||
| Developing Consensus: Ninth Circuit Concludes Parties Have Right To Lay Foundation For Admission Of Evidence Under FRE 103 And That Cumulative Error In A Civil Trial May Warrant A New Trial | Jan. 2006 | 3 | 43 |
| Circuit Split: FRE 103(a): Effect of Erroneous Ruling " Does the cumulative error doctrine extended to civil cases? | Aug. 2004 | 1 | 17 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| D | |||
| Dangerous Patient | |||
| Circuit Split: FRE 501: Psychotherapist-Patient Privilege " Whether a dangerous-patient exception applies under the federal psychotherapist-patient privilege under FRE 501? | Aug. 2004 | 1 | 16 |
| Daubert | |||
| Developing Consensus: FRE 702: Testimony By Experts " Does Fingerprint Evidence Satisfy The Requirements Of Daubert? | May 2005 | 2 | 353 |
| Deliberate Indifference | |||
| Open Issues Pending: FRE 704(a): Opinion on Ultimate Issue: Opinion on Ultimate Issue – Eleventh Circuit notes open issue in a Section 1983 civil rights action whether an expert opinion on "deliberate indifference" amounts to a conclusion of law | April 2005 | 2 | 258 |
| Lead Story: Seven Key Principles For Qualifying An Expert Under FRE 702 | Oct. 2006 | 3 | 1391 |
| De NovoReview | |||
| Developing Consensus: Ninth Circuit Adopts A Two-Step De Novo And Abuse Of Discretion Standard Of Review For Confrontation Clause Claims Involving Limitations On Cross-Examination, Joining Five Other Circuits | Sept. 2007 | 4 | 1279 |
| Deportation | |||
| Developing Consensus: A Warrant Of Deportation Is "Non-Testimonial" Under Crawford | Dec. 2005 | 2 | 1149 |
| Developing Consensus: Fifth Circuit Joins Ninth And Eleventh Circuits Finding Immigration File Documents To Be Non-Testimonial Hearsay | April 2006 | 3 | 452 |
| Developing Consensus: First Circuit Notes Consensus That Use of Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | July 2006 | 3 | 891 |
| Deposition | |||
| Other Significant Evidence Cases: Fed. R. Civ. P. 45(c) Protection of Persons Subject to Subpoena - Excluding expert witness in copyright infringement action after expert refused to be deposed | Jan. 2005 | 2 | 71 |
| Developing Consensus " See Developing Consensus Index | |||
| Diagnosis | |||
| Circuit Split: FRE 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment – In admitting a child victim’s identification of the perpetrator under FRE 803(4), is a doctor required to explain that the statement is essential to diagnosis and treatment? | Nov.2004 | 1 | 205 |
| Developing Consensus: FRE 803(4) – Does The Medical Diagnosis Statement Hearsay Exception Include Statements Made To A Non-Physician? | Sept. 2005 | 2 | 839 |
| Doctor | |||
| Circuit Split: FRE 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment – In admitting a child victim’s identification of the perpetrator under FRE 803(4), is a doctor required to explain that the statement is essential to diagnosis and treatment? | Nov. 2004 | 1 | 205 |
| Drug Evidence | |||
| Circuit Split: Eleventh Circuit Notes Different Application Of FRE 704(b) For Admission Of Expert Testimony On Knowledge Of Presence Of Drugs | April 2006 | 3 | 450 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| E | |||
| Erie Doctrine | |||
| Circuit Split: FRE 302: Applicability of State Law - Tenth Circuit Splits With First, Fourth, And Eighth Circuit (And Its Own Precedent), Finding Erie Doctrine Is Inapplicable To The Federal Rules Of Evidence | Dec. 2006 | 3 | 1665 |
| Exception | |||
| Circuit Split: FRE 501: Psychotherapist-Patient Privilege – Whether a dangerous-patient exception applies under the federal psychotherapist-patient privilege under FRE 501? | Aug. 2004 | 1 | 16 |
| Developing Consensus: FRE 803(4) – Does The Medical Diagnosis Statement Hearsay Exception Include Statements Made To A Non-Physician? | Sept. 2005 | 2 | 839 |
| Exclusion | |||
| Circuit Split: FRE 615: Exclusion of Witnesses – Can FRE 615 (allowing a court to "order witnesses excluded so that they cannot hear the testimony of other witnesses") reach outside the courtroom? | Oct. 2004 | 1 | 140 |
| Developing Consensus: FRE 615: Exclusion of Witnesses – Ninth Circuit joins Eighth Circuit in holding that trial counsel may qualify as a person whose presence is "essential to the presentation of the party's cause" | April 2005 | 2 | 253 |
| Lead Story: FRE 615: Ten Common Questions & Misconceptions | Nov. 2006 | 3 | 1518 |
| Exculpatory Statements | |||
| Practice Tip: The "Against A Party" Requirement In Admitting Party Statements Under FRE 801(d)(2): Barring Hearsay And Exculpatory Statements Introduced By The Party Through Others Unless The Party Elects To Testify | Oct. 2005 | 2 | 946 |
| Experiment | |||
| Developing Consensus: : Seventh Circuit Notes Consensus On Considering Dissimilarities In Out Of Court Experiment Evidence | April 2007 | 4 | 458 |
| Expert | |||
| Lead Story: FRE 703 (Bases of Expert Opinion Testimony) - Ten Common Questions & Misconceptions | Sept. 2006 | 3 | 1183 |
| Practice Tip: The Intersection Of FRE 703 (Bases of Expert Opinion Testimony) With Other Evidence Rules | Sept. 2006 | 3 | 1193 |
| Developing Consensus: Handwriting Identification Satisfies FRE 702 Reliability Standards | Jan. 2006 | 3 | 39 |
| Lead Story: Expert Eyewitness Identification: Common Grounds For Assessing Admissibility | June 2005 | 2 | 448 |
| Lead Story: Common Evidence Issues Raised By Psychological Expert Evidence In Criminal Cases | July 2005 | 2 | 567 |
| Developing Consensus: FRE 702: Testimony By Experts Lead Story: Does Fingerprint Evidence Satisfy The Requirements Of Daubert? | May 2005 | 2 | 353 |
| Open Issues Pending: FRE 704(a): Opinion on Ultimate Issue Lead Story: Eleventh Circuit notes open issue in a Section 1983 civil rights action whether an expert opinion on "deliberate indifference" amounts to a conclusion of law? | April 2005 | 2 | 258 |
| Other Significant Evidence Cases: Fed. R. Civ. P. 45(c) Protection of Persons Subject to Subpoena " Excluding expert witness in copyright infringement action after expert refused to be deposed | Jan. 2005 | 2 | 71 |
| Circuit Split: Eleventh Circuit Notes Different Application Of FRE 704(b) For Admission Of Expert Testimony On Knowledge Of Presence Of Drugs | April 2006 | 3 | 450 |
| Developing Consensus: Tenth Circuit Notes Trend Rendering Eyewitness Identification Expert Evidence Neither Pre Se Excludable, Nor Readily Admissible | July 2006 | 3 | 893 |
| Lead Story: Seven Key Principles For Qualifying An Expert Under FRE 702 | Oct. 2006 | 3 | 1391 |
| The Intersection Of FRE 703 (Bases Of Expert Opinion) With Other Evidence Rules | Sept. 2006 | 3 | 1192 |
| Developing Consensus: FRE 403:Exclusion of Relevant Evidence on Grounds of Prejudice & FRE 702: Expert Testimony - Fifth Circuit Joins Three Other Circuits Concluding Testimony About The Polygraph Examination Is Admissible When Not Offered To Prove Its Result Under FRE 403 | Oct. 2006 | 3 | 1412 |
| Developing Consensus: FRE 902(b)(2): Self-authentication & FRE 702: Lay Opinion Testimony - Whether FRE 902(b)(2) Handwriting Authentication Must Comply With FRE 701 Personal Knowledge Requirements | Oct. 2006 | 4 | 1415 |
| Other Significant Evidence Cases: Fed.R.Civ. P. 16: Disclosure Exclusion of expert evidence because of disclosure over four weeks after disclosure deadline | Oct. 2006 | 3 | 1490 |
| Other Significant Evidence Cases: Fed.R.Crim.P. 16(a)(1)(G) Pretrial Notice Of Expert Witness Admission of expert testimony after failure to provide pretrial notice not disturbed when no prejudice shown | June 2006 | 3 | 841 |
| Lead Story: Steps For Avoiding Potential Prejudice, Confusion And Other Problems In Using Law Enforcement Dual Fact and Expert Witnesses | Dec. 2007 | 4 | 1752 |
| Developing Consensus: : D.C. Circuit Joins Three Other Circuits In Adopting An Abuse Of Discretion Standard Of Review For A Court-Appointed Expert Under FRE 706 | March 2007 | 4 | 320 |
| Eyewitness | |||
| Lead Story: Expert Eyewitness Identification: Common Grounds For Assessing Admissibility | June 2005 | 2 | 448 |
| Developing Consensus: Tenth Circuit Notes Trend Rendering Eyewitness Identification Expert Evidence Neither Pre Se Excludable, Nor Readily Admissible | July 2006 | 3 | 893 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| F | |||
| Fact Witness | |||
| Lead Story: Steps For Avoiding Potential Prejudice, Confusion And Other Problems In Using Law Enforcement Dual Fact and Expert Witnesses | Dec. 2007 | 4 | 1752 |
| Family | |||
| Practice Tip: Evidence Rules Regarding Statements About Family Matters | July 2005 | 2 | 576 |
| Fiduciary | |||
| Open Issue: Third Circuit Considers Whether To Recognize The "Fiduciary Exception" To The Attorney-Client Privilege, Which Is Applied In Several Other Circuits | May 2007 | 4 | 641 |
| Fifth Amendment | |||
| Circuit Split: Fifth Amendment: Right Against Self-Incrimination " Does Use Of Post-Arrest, Pre-Miranda Silence Violate The Right Against Self-Incrimination? | Feb. 2005 | 2 | 102 |
| Open Issues Resolved: Fifth Amendment: Right Against Self-Incrimination. Eighth Circuit resolves open issue whether the government's use of post-arrest, pre-Miranda silence in its case in chief violates the Fifth Amendment right against self incrimination | Feb. 2005 | 2 | 102 |
| Fingerprint Evidence | |||
| Lead Story: Fingerprint Analysis In Federal Court – A Primer On Admissibility | Aug. 2005 | 2 | 690 |
| Developing Consensus: FRE 702: Testimony By Experts – Does Fingerprint Evidence Satisfy The Requirements Of Daubert? | May 2005 | 2 | 353 |
| Flight | |||
| Lead Story:Admitting Flight And Other Forms Of Consciousness Of Guilt Evidence | Sept. 2007 | 4 | 1257 |
| Forfeiture By Wrongdoing | |||
| Lead Story:Proposed Amendments To FRE 804(b)(6) (Forfeiture By Wrongdoing) | June 2007 | 4 | 791 |
| Practice Tip: Forfeiting The Right To Object To Hearsay Under FRE 804(b)(6) Forfeiture By Wrongdoing | June 2005 | 2 | 457 |
| Foundation | |||
| Open Issue: Fifth Circuit Holds That Grand Jury Testimony May Be Used As A Foundation For Authentication Of Business Records And Not Violate The Confrontation Clause | Nov. 2007 | 4 | 1641 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| G | |||
| Government Agent | |||
| Circuit Split: FRE 801(d)(2): Admission By Party Opponent – Under FRE 801(d)(2) Can A Statement By A Government Agent Be An Admission By A Party Opponent? | June 2005 | 2 | 459 |
| Government Informant’s Privilege | |||
| Lead Story: Government Informant’s Privilege | Dec. 2004 | 1 | 275 |
| Grand Jury | |||
| Open Issue: Fifth Circuit Holds That Grand Jury Testimony May Be Used As A Foundation For Authentication Of Business Records And Not Violate The Confrontation Clause | Nov. 2007 | 4 | 1641 |
| Guilt | |||
| Lead Story: Admitting Flight And Other Forms Of Consciousness Of Guilt Evidence | Sept. 2007 | 4 | 1257 |
| Lead Story: The General Bar Against Using Guilt-Assuming Hypothetical Questions And Other Avenues To Question Character Witnesses | July 2007 | 4 | 951 |
| Developing Consensus: FRE 405 (Methods of Proving Character) | Aug. 2004 | 1 | 19 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| H | |||
| Handwriting | |||
| Developing Consensus: Handwriting Identification Satisfies FRE 702 Reliability Standards | Jan. 2006 | 3 | 39 |
| Other Significant Evidence Cases: Statutes 28 U.S.C. § 1731 Handwriting Comparison – Reversing district court’s refusal to allow the jury to compare handwriting on two documents allegedly authored by a third person | Aug. 2004 | 1 | 72 |
| Developing Consensus: FRE 902(b)(2): Self-authentication & FRE 702: Lay Opinion Testimony - Whether FRE 902(b)(2) Handwriting Authentication Must Comply With FRE 701 Personal Knowledge Requirements | Oct. 2006 | 3 | 1415 |
| Harmless Error | |||
| Lead Story: Harmless Error Doctrine: Promoting Fair Proceedings | Nov. 2004 | 1 | 201 |
| Circuit Split: FRE 103(a): Effect of Erroneous Ruling – Does the cumulative error doctrine extended to civil cases? | Aug. 2004 | 1 | 17 |
| Developing Consensus: FRE 103 – Harmless Error Application: Can A Circuit Rule Sua Sponte On A Harmless Error? | Sept. 2005 | 2 | 848 |
| Developing Consensus: FRE 103(a): Effect of Erroneous Ruling - Fifth Circuit Notes Consensus On Harmless Error In Confrontation Clause Violations | Oct. 2006 | 3 | 1408 |
| Hearsay | |||
| Open Issue: Ninth Circuit Adopts First Circuit Standard That FRE 804(a)(5) Requires The Proponent Of An Unavailable Witness’s Statement Show It Tried To Prevent Witness From Becoming Absent | Sept. 2007 | 4 | 1283 |
| Lead Story: Using Non-Hearsay To Admit Statements In Documents And Connect Key Evidencet | May 2007 | 4 | 617 |
| Open Issue: Sixth Circuit Notes Post-Crawford And Post-Booker Question Concerning Use Of Hearsay At Sentencing | March 2006 | 3 | 320 |
| Lead Story: Non-Hearsay Statements and Examples: When is a Statement Hearsay and When is it Non-Hearsay? | Feb. 2005 | 2 | 94 |
| Practice Tip: The "Against A Party" Requirement In Admitting Party Statements Under FRE 801(d)(2): Barring Hearsay And Exculpatory Statements Introduced By The Party Through Others Unless The Party Elects To Testify | Oct. 2005 | 2 | 946 |
| Practice Tip: Forfeiting The Right To Object To Hearsay Under FRE 804(b)(6) Forfeiture By Wrongdoing | June 2005 | 2 | 457 |
| Developing Consensus: FRE 803(4): Does The Medical Diagnosis Statement Hearsay Exception Include Statements Made To A Non-Physician? | Sept. 2005 | 2 | 839 |
| Open Issue: Sixth Circuit Notes Post-Crawford And Post-Booker Question Concerning Use Of Hearsay At Sentencing | March 2006 | 3 | 320 |
| Circuit Split: Must Non-Testimonial Hearsay Statements Satisfy The Ohio v. Roberts Confrontation Clause Requirement? | April 2006 | 3 | 447 |
| Developing Consensus: Fifth Circuit Joins Ninth And Eleventh Circuits Finding Immigration File Documents To Be Non-Testimonial Hearsay | April 2006 | 3 | 452 |
| Developing Consensus: Ninth Circuit Joins Other Circuits In Finding Use At Sentencing Of Hearsay Possessing A Minimum Indicia Of Reliability Does Not Violate The Confrontation Clause | May 2006 | 3 | 640 |
| Supreme Court Watch: Davis v. Washington And The Scope Of "Testimonial" Hearsay Statements | July 2006 | 3 | 896 |
| Developing Consensus: FRE 801(d)(1)(B): Prior Consistent Statement - Third Circuit Notes Consensus About Use Of Objective Standard In Determining The Recent Fabrication Element For Admission Of Prior Consistent Statement Under FRE 801(d)(1)(B) | Dec. 2006 | 3 | 1654 |
| Developing Consensus: Sixth Amendment: Confrontation Clause - Eighth Circuit Notes Consensus That Admission Of Certificate Of Nonexistence Of Record (CNR) Is Not Testimonial Under Crawford | Dec. 2006 | 3 | 1658 |
| Hypothetical | |||
| Lead Story: The General Bar Against Using Guilt-Assuming Hypothetical Questions And Other Avenues To Question Character Witnesses | July 2007 | 4 | 951 |
| Developing Consensus: FRE 405: Methods of Proving Character – Resolving open issue concerning use of guilt assuming hypotheticals in cross-examining character witnesses, Ninth Circuit joins majority of other circuits in prohibiting the government from using guilt-assuming hypotheticals | Aug. 2004 | 1 | 19 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| I | |||
| Identification | |||
| Practice Tip: Admitting Law Enforcement Lay Opinion Identification Testimony | Oct. 2007 | 4 | 1487 |
| Impairment | |||
| Practice Tip: Evidence Of Witness’s Mental Or Sensory Impairment | Jan. 2007 | 4 | 38 |
| Impeach | |||
| Open Issues Resolved: Statutes 18 U.S.C. § 3153 – Second Circuit resolves open issue whether Pretrial Service Report statements may be used to impeach a defendant | Nov. 2004 | 1 | 206 |
| Open Issues Pending: FRE 103(a): Effect of Erroneous Ruling – Eleventh Circuit notes open issue whether, after a tentative in limine court ruling to admit or exclude evidence, the party seeking admission is required to offer the evidence again at trial in order to preserve the issue for appeal | April 2005 | 2 | 255 |
| In Limine Motions | |||
| Lead Story: The Practice And Role Of Motions In Limine In Federal Court | Oct. 2007 | 4 | 1470 |
| Inadmissible Evidence | |||
| Lead Story: The “Open Door” Doctrine: Opening The Evidence Door To Otherwise Inadmissible Evidence: Ten Common Questions & Misconceptions | Feb. 2007 | 4 | 167 |
| Inaugural | |||
| Lead Story: Publisher’s Column: Inaugural Issue | Aug. 2004 | 1 | 13 |
| Incrimination | |||
| Developing Consensus: Sixth Circuit Approves A Joint Trial Procedure To Admit A Co-Defendant’s Incriminating Statements Without Violating Other Defendants’ Confrontation Rights | Dec. 2007 | 4 | 1769 |
| Identification | |||
| Lead Story: Expert Eyewitness Identification: Common Grounds For Assessing Admissibility | June 2005 | 2 | 448 |
| Practice Tip: FRE 901 – Authentication And Identification (Special Application: Telephone Conversations) | Sept. 2005 | 2 | 836 |
| Practice Tip: FRE 901 – Authentication and Identification (Special Application: Photographs) | Jan. 2005 | 2 | 16 |
| Circuit Split: FRE 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment – In admitting a child victim’s identification of the perpetrator under FRE 803(4), is a doctor required to explain that the statement is essential to diagnosis and treatment? | Nov.2004 | 1 | 205 |
| Practice Tip: Authentication Procedures Outside The Federal Rules Of Evidence | April 2006 | 3 | 443 |
| Developing Consensus: Tenth Circuit Notes Trend Rendering Eyewitness Identification Expert Evidence Neither Pre Se Excludable, Nor Readily Admissible | July 2006 | 3 | 893 |
| Impeachment By Conviction | |||
| Lead Story: Pending FRE 609(a)(2) Amendment: Seeking To Clarify Mandatory Impeachment Of Convictions Involving "Dishonesty Or False Statement" | Oct. 2005 | 2 | 938 |
| Informant's Privilege | |||
| Lead Story: Government Informant’s Privilege | Dec. 2004 | 1 | 275 |
| Interrogation | |||
| Practice Tip: Factors To Assess When Court Interrogation Is Impermissible | March 2007 | 4 | 309 |
| Other Significant Evidence Cases: Miranda Statements – Rejecting argument that incriminating statements violate Miranda unless the interrogation is electronically recorded | Jan. 2005 | 2 | 70 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| J | |||
| Judicial Notice | |||
| Lead Story: Taking Judicial Notice - Ten Common Questions on FRE 201 | May 2005 | 2 | 345 |
| Practice Tip: Alternative Ways To Judicially Notice An Adjudicative Fact | May 2005 | 2 | 351 |
| Juvenile | |||
| Developing Consensus: FRE 1101(d)(3): Applicability Of Rules – Do The FRE Apply To Juvenile Transfer Proceedings? | June 2005 | 2 | 642 |
| Juror Competence | |||
| Lead Story: Pending FRE 606(b) Amendment: Adding Juror Competence To Testify On Verdict Reporting Errors | Nov. 2005 | 2 | 1025 |
| Developing Consensus: Unless Learned Through Improper Channels, Jury's Discussion Of The Defendant's Failure To Testify Is Not Reviewable Under FRE 606(b) | Sept. 2006 | 3 | 1203 |
| K | |||
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| Knowledge | |||
| Practice Tip: Alternative Grounds For Excluding Witness Testimony Lacking Personal Knowledge | Jan. 2008 | 5 | 39 |
| L | |||
| Lay Opinion Testimony | |||
| Practice Tip: Admitting Law Enforcement Lay Opinion Identification Testimony | Oct. 2007 | 4 | 1487 |
| Developing Consensus: FRE 902(b)(2): Self-authentication & FRE 702: Lay Opinion Testimony - Whether FRE 902(b)(2) Handwriting Authentication Must Comply With FRE 701 Personal Knowledge Requirements | Oct. 2006 | 3 | 1415 |
| Lay Opinion Testimony | |||
| Lead Story: Steps For Avoiding Potential Prejudice, Confusion And Other Problems In Using Law Enforcement Dual Fact and Expert Witnesses | Dec. 2007 | 4 | 1752 |
| Practice Tip: Admitting Law Enforcement Lay Opinion Identification Testimony | Oct. 2007 | 4 | 1487 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| M | |||
| Marital Communications (see also Spousal Communications) | |||
| Developing Consensus: FRE 501: Marital Communications Privilege – Ninth Circuit joins other circuits in holding either spouse may assert the "marital communications" privilege | Oct. 2004 | 1 | 143 |
| Lead Story: FRE 501— Spousal Communications Privilege — Ten Common Questions And Misconceptions | March 2006 | 3 | 307 |
| Practice Tip: Exceptions To The Spousal Communications Privilege | March 2006 | 3 | 314 |
| Open Issue: Scope Of Spousal Communication Privilege During An Investigation | April 2006 | 3 | 454 |
| Medical | |||
| Developing Consensus: Eleventh Circuit joins Fourth, Seventh and Ninth Circuits in declining to recognize a “medical peer review privilege” in federal civil rights cases, which is recognized in all fifty states and the District of Columbia | July 2007 | 4 | 967 |
| Circuit Split: FRE 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment – In admitting a child victim’s identification of the perpetrator under FRE 803(4), is a doctor required to explain that the statement is essential to diagnosis and treatment? | Nov.2004 | 1 | 205 |
| Developing Consensus: FRE 803(4) – Does The Medical Diagnosis Statement Hearsay Exception Include Statements Made To A Non-Physician? | Sept. 2005 | 2 | 839 |
| Mental | |||
| Practice Tip: Evidence Of Witness’s Mental Or Sensory Impairment | Jan. 2007 | 4 | 38 |
| Miranda | |||
| Circuit Split: Fifth Amendment: Right Against Self-Incrimination – Does Use Of Post-Arrest, Pre-Miranda Silence Violate The Right Against Self-Incrimination? | Feb. 2005 | 2 | 102 |
| Open Issues Resolved: Fifth Amendment: Right Against Self-Incrimination – Eighth Circuit resolves open issue whether the government's use of post-arrest, pre-Miranda silence in its case in chief violates the Fifth Amendment right against self incrimination? | Feb. 2005 | 2 | 102 |
| Other Significant Evidence Cases: Miranda Statements – Rejecting argument that incriminating statements violate Miranda unless the interrogation is electronically recorded. | Jan. 2005 | 2 | 70 |
| Municipal | |||
| Open Issues Pending: FRE 501 Privilege – Attorney-Client – Whether A Municipal Corporation Can Assert The Attorney-Client Privilege In Civil Litigation | Oct. 2005 | 2 | 950 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| N | |||
| Newspapers | |||
| Lead Story: Newspapers And Periodicals As Evidence | Sept. 2005 | 2 | 830 |
| Non-Hearsay | |||
| Lead Story: Using Non-Hearsay To Admit Statements In Documents And Connect Key Evidence | May 2007 | 4 | 617 |
| Lead Story: Non-Hearsay Statements and Examples: When is a Statement Hearsay and When is it Non-Hearsay | Feb. 2005 | 2 | 94 |
| Non-Physician | |||
| Developing Consensus: FRE 803(4) – Does The Medical Diagnosis Statement Hearsay Exception Include Statements Made To A Non-Physician? | Sept. 2005 | 2 | 839 |
| Notice | |||
| Lead Story: Federal Rules of Evidence Notice Requirements | Oct. 2004 | 1 | 133 |
| Other Significant Evidence Cases: Fed.R.Crim.P. 16(a)(1)(G) Pretrial Notice Of Expert Witness Admission of expert testimony after failure to provide pretrial notice not disturbed when no prejudice shown | June 2006 | 3 | 841 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| O | |||
| Oath | |||
| Open Issue: Whether Trial Counsel Can Waive The Oath Or Affirmation Requirement Under FRE 603 Or The Defendant Must Personally Waive The Requirement? | March 2007 | 4 | 324 |
| Objections | |||
| Practice Tip: FRE 103(a) And The Timeliness Of Evidence Objections | Nov. 2005 | 2 | 1035 |
| Offer | |||
| Circuit Split: FRE 408: Compromise and Offers to Compromise – Is civil settlement evidence admissible in a criminal fraud trial? | Sept. 2004 | 1 | 10 |
| Open Door Doctrine | |||
| Lead Story: The "Open Door" Doctrine: Opening The Evidence Door To Otherwise Inadmissible Evidence: Ten Common Questions & Misconceptions | Feb. 2007 | 4 | 167 |
| Practice Tip: The "Open Door" Doctrine Doctrine And The Various Terminologies Used To Admit Otherwise Excludable Evidence | Feb. 2007 | 4 | 189 |
| Open Issues. See Open Issues Index | |||
| Other Acts Evidence | |||
| Developing Consensus: Eighth Circuit Joins Fourth, Ninth, And Tenth Circuits Finding That Prior Drunk Driving Convictions Are Admissible Under FRE 404(b)/td> | Aug. 2007 | 4 | 1111 |
| Lead Story: FRE 404(b): Ten Common Questions and Misconceptions | Apr. 2005 | 2 | 243 |
| Developing Consensus: Third Circuit Notes Circuit Agreement That Past Taxpaying Records Properly Admitted To Show Defendant's Intent In Tax Evasion Prosecution Under FRE 404(b) | May 2006 | 3 | 646 |
| Lead Story: FRE 404(b) Divergent Elements: A Circuit Split Ripe For Certiorari Review? | June 2006 | 3 | 756 |
| Lead Story: Reverse FRE 404(b) Evidence: Ten Common Questions & Misconceptions | Dec. 2006 | 3 | 1638 |
| Practice Tip: Constitutional Issues In Considering FRE 404(b) Evidence | Dec. 2006 | 3 | 1650 |
| Other Significant Evidence Cases. See Other Significant Evidence Cases | |||
| Original | |||
| Practice Tip: FRE 1002: Requirement of Original (Best Evidence Rule) | Oct. 2004 | 1 | 138 |
| Out-Of-Court | |||
| Developing Consensus: Seventh Circuit Notes Consensus On Considering Dissimilarities In Out Of Court Experiment Evidence | April 2004 | 4 | 458 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| P | |||
| Party | |||
| Practice Tip: FRE 801(d)(2)(C) And Alternative Grounds To Admit Statements Of An Authorized Party | Dec. 2007 | 4 | 1764 |
| Practice Tip: FRE 801(d)(2)(D) And Alternative Grounds To Admit Statements Of A Party’s Agent | Nov. 2007 | 4 | 1632 |
| Party Opponent | |||
| Circuit Split: FRE 801(d)(2): Admission By Party Opponent – Under FRE 801(d)(2) Can A Statement By A Government Agent Be An Admission By A Party Opponent? | June 2005 | 2 | 459 |
| Practice Tip: The "Against A Party" Requirement In Admitting Party Statements Under FRE 801(d)(2): Barring Hearsay And Exculpatory Statements Introduced By The Party Through Others Unless The Party Elects To Testify | Oct. 2005 | 2 | 946 |
| Patient | |||
| Circuit Split: FRE 501: Psychotherapist-Patient Privilege – Whether a dangerous-patient exception applies under the federal psychotherapist-patient privilege under FRE 501? | Aug. 2004 | 1 | 16 |
| Periodicals | |||
| Lead Story: Newspapers And Periodicals As Evidence | Sept. 2005 | 2 | 830 |
| Personal Knowledge | |||
| Practice Tip: Alternative Grounds For Excluding Witness Testimony Lacking Personal Knowledge | Jan. 2008 | 5 | 39 |
| Photographs | |||
| Practice Tip: FRE 901: Photographs | Nov. 2004 | 1 | 203 |
| Practice Tip: FRE 901 - Authentication and Identification (Special Application: Photographs) | Jan. 2005 | 2 | 16 |
| Practice Tip: Evidentiary Hurdles In Admitting Film, Movie Or Video Evidence | May 2006 | 3 | 630 |
| Physician | |||
| Developing Consensus: FRE 803(4) – Does The Medical Diagnosis Statement Hearsay Exception Include Statements Made To A Non-Physician? | Sept. 2005 | 2 | 839 |
| Plea | |||
| Practice Tip: Admitting Plea-Related Statements: Recognized Exceptions Under FRE 410 | March 2005 | 2 | 171 |
| Developing Consensus: FRE 410: Inadmissibility of Pleas - Ninth Circuit Joins First Circuit Finding FRE 410 Bars The Introduction Of A Nolo Contendere Plea And Resulting Conviction To Prove The Underlying Crime | Nov. 2006 | 3 | 1529 |
| Polygraph | |||
| Developing Consensus: FRE 403:Exclusion of Relevant Evidence on Grounds of Prejudice & FRE 702: Expert Testimony - Fifth Circuit Joins Three Other Circuits Concluding Testimony About The Polygraph Examination Is Admissible When Not Offered To Prove Its Result Under FRE 403 | Oct. 2006 | 3 | 1412 |
| Possession | |||
| Developing Consensus: FRE 801(d)(2)(B): Possession of Documents as an Adoptive Admission – Tenth Circuit joins First and Ninth Circuits in adopting "possession plus" standard for adoptive admissions for documents | Sept. 2004 | 1 | 12 |
| Post-Arrest | |||
| Circuit Split: Fifth Amendment: Right Against Self-Incrimination – Does Use Of Post-Arrest, Pre-Miranda Silence Violate The Right Against Self-Incrimination? | Feb. 2005 | 2 | 102 |
| Open Issues Resolved: Fifth Amendment: Right Against Self-Incrimination – Eighth Circuit resolves open issue whether the government's use of post-arrest, pre-Miranda silence in its case in chief violates the Fifth Amendment right against self incrimination | Feb. 2005 | 2 | 206 |
| Practice Tip See Practice Tip Index | |||
| Prejudice, Confusion Or Waste Of Time | |||
| Lead Story: Steps For Avoiding Potential Prejudice, Confusion And Other Problems In Using Law Enforcement Dual Fact and Expert Witnesses | Dec. 2007 | 4 | 1752 |
| Practice Tip: Perspectives On The FRE 403 Balance Of The Probative Value Of The Evidence And Unfair Prejudice | June 2006 | 3 | 763 |
| Developing Consensus: Tenth Circuit Notes Trend Rendering Eyewitness Identification Expert Evidence Neither Pre Se Excludable, Nor Readily Admissible | July 2006 | 3 | 893 |
| Developing Consensus: FRE 403:Exclusion of Relevant Evidence on Grounds of Prejudice & FRE 702: Expert Testimony - Fifth Circuit Joins Three Other Circuits Concluding Testimony About The Polygraph Examination Is Admissible When Not Offered To Prove Its Result Under FRE 403 | Oct. 2006 | 3 | 1412 |
| Preserve | |||
| Open Issues Pending: FRE 103(a): Effect of Erroneous Ruling – Eleventh Circuit notes open issue whether, after a tentative in limine court ruling to admit or exclude evidence, the party seeking admission is required to offer the evidence again at trial in order to preserve the issue for appeal | April 2005 | 2 | 255 |
| Presumptions | |||
| Lead Story: FRE 301 & Evidentiary Presumptions – Ten Common Questions & Misconceptions | Apr. 2007 | 4 | 437 |
| Circuit Split: Third Circuit Notes Division On Standard Of Proof On Established Domicile Presumption | Sept. 2006 | 3 | 1196 |
| Pretrial Services | |||
| Open Issues Resolved: Statutes 18 U.S.C. § 3153 – Second Circuit resolves open issue whether Pretrial Service Report statements may be used to impeach a defendant | Nov. 2004 | 1 | 206 |
| Prior Consistent Statement | |||
| Developing Consensus: FRE 801(d)(1)(B): Prior Consistent Statement - Third Circuit Notes Consensus About Use Of Objective Standard In Determining The Recent Fabrication Element For Admission Of Prior Consistent Statement Under FRE 801(d)(1)(B) | Dec. 2006 | 3 | 1654 |
| Prior Inconsistent Statement | |||
| Practice Tip: Admitting A Prior Inconsistent Statement When FRE 801(d)(1)(A) is Unavailable | Feb. 2005 | 2 | 100 |
| Privileges | |||
| Lead Story: Government Informant’s Privilege | Dec. 2004 | 1 | 275 |
| Practice Tip: The Overlap Of The Spousal Testimony Privilege And The Spousal Communications Privilege In The Federal Courts | Dec. 2004 | 1 | 280 |
| Circuit Split: FRE 501: Attorney Client Privilege – Availability Of The Governmental Attorney-Client Privilege | March 2005 | 2 | 175 |
| Open Issues Pending: FRE 501 Privilege – Attorney-Client – Whether A Municipal Corporation Can Assert The Attorney-Client Privilege In Civil Litigation | Oct. 2005 | 2 | 950 |
| Circuit Split: FRE 501: Psychotherapist-Patient Privilege – Whether a dangerous-patient exception applies under the federal psychotherapist-patient privilege under FRE 501? | Aug. 2004 | 1 | 16 |
| Open Issues Pending: FRE 501: Federal Psychotherapist-Patient Privilege – D.C. Circuit notes open issue concerning whether state or federal psychotherapist-patient privilege applies in case presenting both state and federal claims | Sept. 2004 | 1 | 13 |
| Developing Consensus: FRE 501: Marital Communications Privilege – Ninth Circuit joins other circuits in holding either spouse may assert the "marital communications" privilege | Oct. 2004 | 1 | 143 |
| Lead Story: FRE 501— Spousal Communications Privilege — Ten Common Questions And Misconceptions | March 2006 | 3 | 307 |
| Practice Tip: Exceptions To The Spousal Communications Privilege | March 2006 | 3 | 314 |
| Open Issue: Scope Of Spousal Communication Privilege During An Investigation | April 2006 | 3 | 454 |
| Open Issue: D.C. Circuit Notes Open Issue Concerning Existence Of A Federal Settlement Privilege | April 2006 | 3 | 456 |
| Open Issue: Tenth Circuit Confronts Open Issue Whether A Selective Waiver Of The Attorney-Client Privilege And Work-Product Doctrine Should Be Recognized And Declines To Do So | July 2006 | 3 | 885 |
| Open Issue: Tenth Circuit Confronts Open Issue Whether A Selective Waiver Of The Attorney-Client Privilege And Work-Product Doctrine Should Be Recognized And Declines To Do So | July 2006 | 3 | 885 |
| Lead Story: Status Of The Journalist’s Privilege In the Federal Courts And Recent Congressional Activity | Jan. 2007 | 5 | 20 |
| Practice Tip: Implicit Waiver Of The Attorney-Client Privilege | Aug. 2007 | 4 | 1103 |
| Lead Story: Appellate Jurisdiction Over Trial Court Decisions Denying A Claim Of An Evidentiary Privilege | Aug. 2007 | 4 | 1088 |
| Developing Consensus: Eleventh Circuit joins Fourth, Seventh and Ninth Circuits in declining to recognize a "medical peer review privilege" in federal civil rights cases, which is recognized in all fifty states and the District of Columbia | July 2007 | 4 | 967 |
| Open Issue: Third Circuit Considers Whether To Recognize The “Fiduciary Exception” To The Attorney-Client Privilege, Which Is Applied In Several Other Circuits | May 2007 | 4 | 641 |
| Practice Tip: The Attorney-Client Communications Privilege: Common Exceptions And Grounds For Unavailability | May 2007 | 4 | 630 |
| Open Issue: Ninth Circuit Resolves Open Questions On Application Of Crime-Fraud Exception To Attorney-Client Privilege | April 2007 | 4 | 461 |
| Probative Value | |||
| Lead Story: FRE 403: Balancing Probative Value and Unfair Prejudice–Ten Common Questions & Misconceptions | Nov. 2007 | 4 | 1613 |
| Proffer | |||
| Open Issues Pending: FRE 410: Inadmissibility of Pleas, Plea Discussions, and Related Statements – Second Circuit notes open issue whether the admission of proffer statements in the government’s case-in-chief necessarily constitutes error (joining with at least one other circuit in noting open issue) | April 2005 | 2 | 257 |
| Psychological Evidence | |||
| Lead Story: Common Evidence Issues Raised By Psychological Expert Evidence In Criminal Cases | July 2005 | 2 | 567 |
| Circuit Split: Eleventh Circuit Notes Different Application Of FRE 704(b) For Admission Of Expert Testimony On Knowledge Of Presence Of Drugs | April 2006 | 3 | 450 |
| Developing Consensus: Tenth Circuit Notes Trend Rendering Eyewitness Identification Expert Evidence Neither Pre Se Excludable, Nor Readily Admissible | July 2006 | 3 | 893 |
| Psychotherapist-Patient Privilege | |||
| Circuit Split: FRE 501: Psychotherapist-Patient Privilege – Whether a dangerous-patient exception applies under the federal psychotherapist-patient privilege under FRE 501? | Aug. 2004 | 1 | 16 |
| Open Issues Pending: FRE 501: Federal Psychotherapist-Patient Privilege – D.C. Circuit notes open issue concerning whether state or federal psychotherapist-patient privilege applies in case presenting both state and federal claims | Sept. 2004 | 1 | 13 |
| Publisher's Column | |||
| Lead Story: Publisher’s Column: Inaugural Issue | Aug. 2004 | 1 | 13 |
| Q | |||
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| R | |||
| Recorded Conversations | |||
| Lead Story: Common Questions To Consider In Introducing Or Opposing Recorded Conversations | Mar. 2005 | 2 | 162 |
| Other Significant Evidence Cases: Miranda Statements – Rejecting argument that incriminating statements violate Miranda unless the interrogation is electronically recorded | Jan. 2005 | 2 | 70 |
| Remedial Measures | |||
| Circuit Split: FRE 407: Subsequent Remedial Measures- Does The FRE 407 Bar Against Evidence Of Subsequent Remedial Measures Apply To Evidence Of Post-Accident Investigations And Tests? | Dec. 2006 | 3 | 1661 |
| Relevance | |||
| Developing Consensus: FRE 403:Exclusion of Relevant Evidence on Grounds of Prejudice & FRE 702: Expert Testimony - Fifth Circuit Joins Three Other Circuits Concluding Testimony About The Polygraph Examination Is Admissible When Not Offered To Prove Its Result Under FRE 403 | Oct. 2006 | 3 | 1412 |
| Remedial Measures | |||
| Developing Consensus: Eleventh Circuit Joins Eight Other Circuits In Holding That FRE 407 Does Not Apply To Remedial Measures Taken Without The Defendant’s Voluntary Participation | March 2007 | 4 | 315 |
| Res Gestae Evidence | |||
| Developing Consensus: FRE 103: Rulings on Evidence: Sixth Circuit Notes Defendant's Drug Activities Are Admissible Res Gestae Evidence Showing Motive Or Knowledge In A Firearm Possession Case | Feb. 2006 | 3 | 204 |
| Residual Hearsay Exception | |||
| Lead Story: FRE 807 - Residual Hearsay Statement – Ten Common Questions and Misconceptions | Jan. 2005 | 2 | 12 |
| Retroactive | |||
| Supreme Court Watch: Supreme Court Unanimously Holds Crawford Confrontation Clause Analysis Does Not Apply Retroactively On Collateral Review, Reversing Ninth Circuit | March 2005 | 2 | 173 |
| Circuit Split: Sixth Amendment: Confrontation Clause – The Retroactivity Of Crawford Confrontation Clause Analysis | March 2005 | 2 | 173 |
| Developing Consensus: Sixth Amendment Confrontation Clause – First Cases - Crawford Does Not Apply Retroactively On Collateral Review | Jan. 2005 | 2 | 17 |
| Circuit Split: Eleventh Circuit Suggests Crawford Confrontation Clause Decision Does Not Apply Retroactively On Collateral Review> | March 2006 | 3 | 317 |
| Circuit Split: Eleventh Circuit Notes Circuit Split And Joins Four Other Circuits In Holding Crawford Does Not Apply Retroactively On Collateral Review | May 2006 | 3 | 637 |
| Supreme Court Watch: Whether Crawford Applies Retroactively On Collateral Review | June 2006 | 3 | 766 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| S | |||
| Section 3153 | |||
| Open Issues Resolved: Statutes 18 U.S.C. § 3153. Second Circuit resolves open issue whether Pretrial Service Report statements may be used to impeach a defendant | Nov. 2004 | 1 | 206 |
| Section 3505 | |||
| Open Issue: Ninth Circuit Notes Open Issue Whether The Confrontation Clause Is Violated By Admission Of Foreign Business Records Under 18 U.S.C. § 3505 | March 2006 | 3 | 324 |
| Selective Waiver - Attorney-Client Privilege | |||
| Lead Story: Is The Time Ripe For Adoption Of A Rule Of Selective Waiver Of The Attorney Client Privilege And Work Product Protection? | Aug. 2006 | 3 | 1040 |
| Self-Incrimination | |||
| Circuit Split: Fifth Amendment: Right Against Self-Incrimination – Does Use Of Post-Arrest, Pre-Miranda Silence Violate The Right Against Self-Incrimination? | Feb. 2005 | 2 | 102 |
| Sensory | |||
| Practice Tip: Evidence Of Witness’s Mental Or Sensory Impairment | Jan. 2007 | 4 | 38 |
| Sentencing | |||
| Developing Consensus: Six Circuits Have Rejected Claims That The Confrontation Clause Disallows A Relaxed Evidentiary Standard In Federal Capital Sentencing | Aug. 2007 | 4 | 1108 |
| Developing Consensus: D.C. Circuit Joins Nine Other Circuits In Concluding Crawford Confrontation Clause Analysis Does Not Apply During Sentencing Proceedings | May 2007 | 4 | 637 |
| Developing Consensus: Crawford Does Not Apply At Sentencing | Dec. 2005 | 2 | 1148 |
| Developing Consensus: Sixth Amendment – Confrontation Clause – Does Crawford apply at sentencing? | Aug. 2005 | 2 | 707 |
| Open Issue: Sixth Circuit Notes Post-Crawford And Post-Booker Question Concerning Use Of Hearsay At Sentencing | March 2006 | 3 | 320 |
| Developing Consensus: Ninth Circuit Joins Other Circuits In Finding Use At Sentencing Of Hearsay Possessing A Minimum Indicia Of Reliability Does Not Violate The Confrontation Clause | May 2006 | 3 | 640 |
| Settlement | |||
| Circuit Split: Whether settlement negotiation evidence is admissible to show mitigation of damages under the ‘another purpose’ exception under FRE 408? | April 2007 | 4 | 454 |
| Circuit Split: FRE 408: Compromise and Offers to Compromise – Is civil settlement evidence admissible in a criminal fraud trial? | Sept. 2004 | 1 | 10 |
| Open Issue: D.C. Circuit Notes Open Issue Concerning Existence Of A Federal Settlement Privilege | April 2006 | 3 | 456 |
| Sexual Abuse | |||
| Circuit Split: Seventh Circuit Notes Circuit Division On Five-Factor LeMay Test For Admission Of FRE 413 And FRE 414 Sexual Abuse Predisposition Evidence | April 2007 | 4 | 450 |
| Developing Consensus: Seventh Circuit Notes Circuit Consensus That FRE 413 and 414 Sexual Abuse Propensity Evidence Is Still Excludable Under FRE 403 | April 2007 | 4 | 467 |
| Silence | |||
| Circuit Split: Fifth Amendment: Right Against Self-Incrimination – Does Use Of Post-Arrest, Pre-Miranda Silence Violate The Right Against Self-Incrimination? | Feb. 2005 | 2 | 102 |
| Sixth Amendment | |||
| Lead Story: After Crawford v. Washington: Early Observations On the Admissibility of Evidence Under the Confrontation Clause | Sept. 2004 | 1 | 83 |
| Circuit Split: Sixth Amendment: Confrontation Clause – The Retroactivity Of Crawford Confrontation Clause Analysis | March 2005 | 2 | 173 |
| Developing Consensus: Sixth Amendment Confrontation Clause – First Cases – Crawford Does Not Apply Retroactively On Collateral Review | Jan. 2005 | 2 | 17 |
| Developing Consensus: Sixth Amendment Confrontation Clause – Does Crawford apply at sentencing? | Aug. 2005 | 2 | 707 |
| Open Issues Pending: Sixth Amendment Confrontation Clause & FRE 801(d)(2)(E): Co-conspirator Statements – Second Circuit notes open issue whether co-defendant plea allocutions may be used to demonstrate the existence of a conspiracy under FRE 801(d)(2)(E) without violating Crawford v. Washington | Jan. 2005 | 2 | 19 |
| Circuit Split: Eleventh Circuit Suggests Crawford Confrontation Clause Decision Does Not Apply Retroactively On Collateral Review> | March 2006 | 3 | 317 |
| Developing Consensus: Eleventh Circuit Joins Four Other Circuits In Finding A Witnesses' Trial Testimony By A Live, Two-Way Video Conference Violates Sixth Amendment Confrontation Rights | March 2006 | 3 | 319 |
| Open Issue: Sixth Circuit Notes Post-Crawford And Post-Booker Question Concerning Use Of Hearsay At Sentencing | March 2006 | 3 | 320 |
| Open Issue: Ninth Circuit Notes Open Issue Whether The Confrontation Clause Is Violated By Admission Of Foreign Business Records Under 18 U.S.C. § 3505 | March 2006 | 3 | 324 |
| Lead Story: Sixth Amendment Confrontation Clause Rights And Video Conferencing — Struggling Or Stumbling Into The Twenty-First Century? | April 2006 | 3 | 433 |
| Circuit Split: Must Non-Testimonial Hearsay Statements Satisfy The Ohio v. Roberts Confrontation Clause Requirement? | April 2006 | 3 | 447 |
| Developing Consensus: Fifth Circuit Joins Ninth And Eleventh Circuits Finding Immigration File Documents To Be Non-Testimonial Hearsay | April 2006 | 3 | 452 |
| Lead Story: Further Observations On Admitting Evidence Under The Confrontation Clause Two Years After Crawford v. Washington | May 2006 | 3 | 617 |
| Circuit Split: Eleventh Circuit Notes Circuit Split And Joins Four Other Circuits In Holding Crawford Does Not Apply Retroactively On Collateral Review | May 2006 | 3 | 637 |
| Developing Consensus: Ninth Circuit Joins Other Circuits In Finding Use At Sentencing Of Hearsay Possessing A Minimum Indicia Of Reliability Does Not Violate The Confrontation Clause | May 2006 | 3 | 640 |
| Developing Consensus: Eleventh Circuit Finds Consensus That FRE 801(d)(2)(E) Coconspirator Statements Are Not "Testimonial" For Confrontation Clause Purposes | May 2006 | 3 | 644 |
| Supreme Court Watch: Whether Crawford Applies Retroactively On Collateral Review | June 2006 | 3 | 766 |
| Developing Consensus: First Circuit Notes Consensus That Use of Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | July 2006 | 3 | 891 |
| Supreme Court Watch: Davis v. Washington And The Scope Of "Testimonial" Hearsay Statements | July 2006 | 3 | 896 |
| Developing Consensus: Ninth Circuit Notes Consensus With First And Seventh Circuits That Exclusion Of Cross-Examination On Specific Sentence Cooperating Witnesses Faced Did Not Violate Confrontation Clause | Sept. 2006 | 3 | 1199 |
| Developing Consensus: Seventh Circuit Notes Growing Trend That (a) "Testimonial" Includes Statements "Made With An Eye Toward Prosecution" And (b) Business Records Are Non-Testimonial | Sept. 2006 | 3 | 1205 |
| Open Issue: Ninth Circuit Notes Continuing Open Issue Under The Confrontation Clause Whether Ohio v. Roberts Applies To Non-Testimonial Statements | Sept. 2006 | 3 | 1209 |
| Developing Consensus: Sixth Amendment: Confrontation Clause - Eighth Circuit Notes Consensus That Admission Of Certificate Of Nonexistence Of Record (CNR) Is Not Testimonial Under Crawford | Dec. 2006 | 3 | 1658 |
| Developing Consensus: FRE 103(a): Effect of Erroneous Ruling - Fifth Circuit Notes Consensus On Harmless Error In Confrontation Clause Violations | Oct. 2006 | 3 | 1408 |
| Open Issue: Sixth Amendment: Confrontation Clause - Second Circuit Notes Open Issue Whether Ohio v. Roberts "Particularized Guarantees Of Trustworthiness" Standard Continues To Apply To Non-Testimonial Statements | Nov. 2006 | 3 | 1533 |
| Open Issue: Sixth Amendment: Confrontation Clause - Ninth Circuit Notes Continuing Open Issue Under The Confrontation Clause Whether Ohio v. Roberts Applies To Non-Testimonial Statements | Sept. 2006 | 3 | 1209 |
| Spouse | |||
| Developing Consensus: FRE 501: Marital Communications Privilege. Ninth Circuit joins other circuits in holding either spouse may assert the "marital communications" privilege | Oct. 2004 | 1 | 143 |
| Lead Story: FRE 501— Spousal Communications Privilege — Ten Common Questions And Misconceptions | March 2006 | 3 | 307 |
| Practice Tip: Exceptions To The Spousal Communications Privilege | March 2006 | 3 | 314 |
| Open Issue: Scope Of Spousal Communication Privilege During An Investigation | April 2006 | 3 | 454 |
| Spousal | |||
| Practice Tip: The Overlap Of The Spousal Testimony Privilege And The Spousal Communications Privilege In The Federal Courts | Dec. 2004 | 1 | 280 |
| Spousal Communications Privilege (see also Marital Communications Privilege) | |||
| Practice Tip: The Overlap Of The Spousal Testimony Privilege And The Spousal Communications Privilege In The Federal Courts | Dec. 2004 | 1 | 280 |
| Lead Story: FRE 501— Spousal Communications Privilege — Ten Common Questions And Misconceptions | March 2006 | 3 | 307 |
| Practice Tip: Exceptions To The Spousal Communications Privilege | March 2006 | 3 | 314 |
| Open Issue: Scope Of Spousal Communication Privilege During An Investigation | April 2006 | 3 | 454 |
| Spousal Testimony Privilege | |||
| Practice Tip: FRE 501: Exceptions To The Adverse Spousal Testimony Privilege | Feb. 2006 | 3 | 202 |
| Lead Story: FRE 501: Adverse Spousal Testimony Privilege — Ten Common Questions & Misconceptions | Feb. 2006 | 3 | 194 |
| Practice Tip: The Overlap Of The Spousal Testimony Privilege And The Spousal Communications Privilege In The Federal Courts | Dec. 2004 | 1 | 280 |
| Standard of Review | |||
| Developing Consensus: Ninth Circuit Adopts A Two-Step De Novo And Abuse Of Discretion Standard Of Review For Confrontation Clause Claims Involving Limitations On Cross-Examination, Joining Five Other Circuits | Sept. 2007 | 4 | 1279 |
| Developing Consensus: D.C. Circuit Joins Three Other Circuits In Adopting An Abuse Of Discretion Standard Of Review For A Court-Appointed Expert Under FRE | March 2007 | 4 | 320 |
| Developing Consensus: FRE 103 – Harmless Error Application: Can A Circuit Rule Sua Sponte On A Harmless Error? | Sept. 2005 | 2 | 842 |
| Striking of Evidence | |||
| Practice Tip: Pathways To Waiver On Appeal Under FRE 103(a) (Requiring A Timely Objection Or Motion To Strike) | Apr. 2007 | 4 | 447 |
| Sua Sponte | |||
| Developing Consensus: FRE 103 – Harmless Error Application: Can A Circuit Rule Sua Sponte On A Harmless Error? | Sept. 2005 | 2 | 842 |
| Summaries | |||
| Developing Consensus: First Circuit Joins Other Circuits In Holding A Summary Under FRE 1006 Can Be Based Upon Evidence Admitted At Trial | Jan. 2007 | 4 | 42 |
| Practice Tip: Alternative Ways to Admit Charts or Summaries When FRE 1006 is Unavailable | Sept. 2004 | 1 | 87 |
| Supervised Release | |||
| Developing Consensus: First Circuit Joins Four Other Circuits In Concluding Crawford Confrontation Clause Analysis Does Not Apply During Supervised Release Proceeding | Dec. 2005 | 2 | 1150 |
| Supreme Court | |||
| Supreme Court Watch: Supreme Court Unanimously Holds Crawford Confrontation Clause Analysis Does Not Apply Retroactively On Collateral Review, Reversing Ninth Circuit | March 2007 | 4 | 315 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| T | |||
| Telephone | |||
| Circuit Split: Sixth Amendment – Confrontation Clause – Whether 911 telephone calls are "testimonial" under Crawford? | Nov. 2005 | 2 | 1041 |
| Practice Tip: FRE 901 Authentication And Identification (Special Application: Telephone Conversations) | Sept. 2005 | 8 | 836 |
| Testimonial | |||
| Circuit Split: Sixth Amendment – Confrontation Clause – Whether 911 telephone calls are "testimonial" under Crawford? | Nov. 2005 | 2 | 1041 |
| Circuit Split: Must Non-Testimonial Hearsay Statements Satisfy The Ohio v. Roberts Confrontation Clause Requirement? | April 2006 | 3 | 447 |
| Developing Consensus: Fifth Circuit Joins Ninth And Eleventh Circuits Finding Immigration File Documents To Be Non-Testimonial Hearsay | April 2006 | 3 | 452 |
| Lead Story: Further Observations On Admitting Evidence Under The Confrontation Clause Two Years After Crawford v. Washington | May 2006 | 3 | 617 |
| Developing Consensus: Eleventh Circuit Finds Consensus That FRE 801(d)(2)(E) Coconspirator Statements Are Not "Testimonial" For Confrontation Clause Purposes | May 2006 | 3 | 644 |
| Developing Consensus: First Circuit Notes Consensus That Use of Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | July 2006 | 3 | 891 |
| Supreme Court Watch: Davis v. Washington And The Scope Of "Testimonial" Hearsay Statements | July 2006 | 3 | 896 |
| Developing Consensus: Ninth Circuit Notes Consensus With First And Seventh Circuits That Exclusion Of Cross-Examination On Specific Sentence Cooperating Witnesses Faced Did Not Violate Confrontation Clause | Sept. 2006 | 3 | 1199 |
| Developing Consensus: Seventh Circuit Notes Growing Trend That (a) "Testimonial" Includes Statements "Made With An Eye Toward Prosecution" And (b) Business Records Are Non-Testimonial | Sept. 2006 | 3 | 1205 |
| Open Issue: Ninth Circuit Notes Continuing Open Issue Under The Confrontation Clause Whether Ohio v. Roberts Applies To Non-Testimonial Statements | Sept. 2006 | 3 | 1209 |
| Developing Consensus: Sixth Amendment: Confrontation Clause - Eighth Circuit Notes Consensus That Admission Of Certificate Of Nonexistence Of Record (CNR) Is Not Testimonial Under Crawford | Dec. 2006 | 3 | 1658 |
| Open Issue: Sixth Amendment: Confrontation Clause - Second Circuit Notes Open Issue Whether Ohio v. Roberts "Particularized Guarantees Of Trustworthiness" Standard Continues To Apply To Non-Testimonial Statements | Nov. 2006 | 3 | 1533 |
| Open Issue: Sixth Amendment: Confrontation Clause - Ninth Circuit Notes Continuing Open Issue Under The Confrontation Clause Whether Ohio v. Roberts Applies To Non-Testimonial Statements | Sept. 2006 | 3 | 1209 |
| Developing Consensus: Seventh Circuit Joins Six Other Circuits Holding That FRE 801(D)(2)(E) Co-Conspirator Statements Are Not Testimonial Under Crawford | Dec. 2007 | 4 | 1767 |
| Developing Consensus: The Eighth Circuit Joins The First, Fifth, Ninth And Eleventh Circuits Holding That The Use Of A Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | June 2007 | 4 | 810 |
| Developing Consensus: : Eighth Circuit Joins Four Other Circuits Concluding Warrants of Deportation Are Non-Testimonial Under Crawford | March 2007 | 4 | 322 |
| Developing Consensus: : Tenth Circuit Notes Circuit Consensus To Apply An Objective Test For Testimonial Statements Under The Confrontation Clause | Feb. 2007 | 4 | 193 |
| Timeliness | |||
| Practice Tip: FRE 103(a) And The Timeliness Of Evidence Objections | Nov. 2005 | 2 | 1035 |
| Practice Tip: Pathways To Waiver On Appeal Under FRE 103(a) (Requiring A Timely “Objection Or Motion To Strike”) | April 2007 | 4 | 447 |
| Trial Counsel | |||
| Developing Consensus: FRE 615: Exclusion of Witnesses – Ninth Circuit joins Eighth Circuit in holding that trial counsel may qualify as a person whose presence is "essential to the presentation of the party's cause" | April 2005 | 2 | 253 |
| Transfer | |||
| Developing Consensus: FRE 1101(d)(3): Applicability Of Rules – Do The FRE Apply To Juvenile Transfer Proceedings? | June 2005 | 2 | 642 |
| Treatment | |||
| Circuit Split: FRE 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment – In admitting a child victim’s identification of the perpetrator under FRE 803(4), is a doctor required to explain that the statement is essential to diagnosis and treatment? | Nov. 2004 | 1 | 205 |
| U | |||
| Unavailable | |||
| Open Issue: : Ninth Circuit Adopts First Circuit Standard That FRE 804(a)(5) Requires The Proponent Of An Unavailable Witness’s Statement Show It Tried To Prevent Witness From Becoming Absent | Sept.2005 | 4 | 1283 |
| Practice Tip: Admitting A Prior Inconsistent Statement When FRE 801(d)(1)(A) is Unavailable | Feb. 2005 | 2 | 100 |
| Practice Tip: Alternative Ways to Admit Charts or Summaries When FRE 1006 is Unavailable | Sept. 2004 | 1 | 87 |
| Unfair Prejudice | |||
| Lead Story: Steps For Avoiding Potential Prejudice, Confusion And Other Problems In Using Law Enforcement Dual Fact and Expert Witnesses | Dec. 2007 | 4 | 1752 |
| Lead Story: FRE 403: Balancing Probative Value and Unfair Prejudice: Ten Common Questions & Misconceptions | Nov. 2007 | 4 | 1613 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| V | |||
| Victim | |||
| Circuit Split: FRE 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment – In admitting a child victim’s identification of the perpetrator under FRE 803(4), is a doctor required to explain that the statement is essential to diagnosis and treatment? | Nov. 2004 | 1 | 205 |
| Video | |||
| Lead Story: Sixth Amendment Confrontation Clause Rights And Video Conferencing — Struggling Or Stumbling Into The Twenty-First Century? | April 2006 | 3 | 433 |
| Practice Tip: Evidentiary Hurdles In Admitting Film, Movie Or Video Evidence | May 2006 | 3 | 630 |
| Vouching | |||
| Other Significant Evidence Cases: Vouching Prosecutor did not improperly vouch for witness by introducing evidence of witness's obligation to testify truthfully | Dec. 2006 | 3 | 1778 |
| Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | |||
| W | |||
| Waiver | |||
| Open Issue: Tenth Circuit Confronts Open Issue Whether A Selective Waiver Of The Attorney-Client Privilege And Work-Product Doctrine Should Be Recognized And Declines To Do So | July 2006 | 3 | 885 |
| Practice Tip: Implicit Waiver Of The Attorney-Client Privilege | Aug. 2007 | 4 | 1103 |
| Open Issue: Whether Trial Counsel Can Waive The Oath Or Affirmation Requirement Under FRE 603 Or The Defendant Must Personally Waive The Requirement? | March 2007 | 4 | 324 |
| Practice Tip:Pathways To Waiver On Appeal Under FRE 103(a) (Requiring A Timely Objection Or Motion To Strike) | Apr. 2007 | 4 | 447 |
| Warrant of Deportation | |||
| Developing Consensus: The Eighth Circuit Joins The First, Fifth, Ninth And Eleventh Circuits Holding That The Use Of A Warrant Of Deportation Is Not Testimonial Hearsay Under Crawford | June 2007 | 4 | 810 |
| Developing Consensus: Eighth Circuit Joins Four Other Circuits Concluding Warrants of Deportation Are Non-Testimonial Under Crawford | March 2007 | 4 | 322 |
| Witness | |||
| Practice Tip: Evidence Of Witness’s Mental Or Sensory Impairment | Jan. 2007 | 4 | 38 |
| Circuit Split: FRE 615: Exclusion of Witnesses – Can FRE 615 (allowing a court to "order witnesses excluded so that they cannot hear the testimony of other witnesses") reach outside the courtroom? | Oct. 2004 | 1 | 140 |
| Developing Consensus: Eleventh Circuit Joins Four Other Circuits In Finding A Witnesses' Trial Testimony By A Live, Two-Way Video Conference Violates Sixth Amendment Confrontation Rights | March 2006 | 3 | 319 |
| Lead Story: Sixth Amendment Confrontation Clause Rights And Video Conferencing — Struggling Or Stumbling Into The Twenty-First Century? | April 2006 | 3 | 433 |
| Lead Story: FRE 701 (Lay Witness Opinion Testimony) — Ten Common Questions & Misconceptions | July 2006 | 3 | 873 |
| Practice Tip: The Intersection Of FRE 701 Lay Opinion Evidence With Other Rules | July 2006 | 3 | 8812 |
| Lead Story: FRE 615: Ten Common Questions & Misconceptions | Nov. 2006 | 3 | 1518 |
| Lead Story: Seven Key Principles For Qualifying An Expert Under FRE 702 | Oct. 2006 | 3 | 1391 |
| Practice Tip: Enforcing FRE 615 Witness Exclusion Orders | Nov. 2006 | 3 | 1526 |
| Witness Competency | |||
| Practice Tip: FRE 601, Witness Competency, And Choice Of Law In Federal Court | Aug. 2005 | 2 | 703 |
| Lead Story: FRE 701 (Lay Witness Opinion Testimony) — Ten Common Questions & Misconceptions | July 2006 | 3 | 873 |
| Practice Tip: The Intersection Of FRE 701 Lay Opinion Evidence With Other Rules | July 2006 | 3 | 8812 |
| Developing Consensus: Tenth Circuit Notes Trend Rendering Eyewitness Identification Expert Evidence Neither Pre Se Excludable, Nor Readily Admissible | July 2006 | 3 | 893 |
| Witness Exclusion | |||
| Developing Consensus: Tenth Circuit Joins Nine Circuits And Holds That Case Agent Responsible For An Investigation May Remain In The Courtroom Under FRE 615(2) And Normally Is Not Subject To A Witness Exclusion Rule | Nov. 2007 | 4 | 1637 |
| Work Product Protection | |||
| Lead Story: Are Further Changes On The Horizon Concerning The Corporate Attorney-Client Privilege And Work Product Protection?: The New McNulty Memorandum, Recent Congressional Action, And Proposed FRE 502 Suggest A Ripe Environment For Even Further Standards To Be Promulgated | Jan. 2007 | 4 | 25 |
| Lead Story: Is The Time Ripe For Adoption Of A Rule Of Selective Waiver Of The Attorney Client Privilege And Work Product Protection? | Aug. 2006 | 3 | 1040 |
| X | |||
| Y | |||
| Z | |||
Jump to a letter: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
