Trial Evidence Foundations

In the latest edition of Trial Evidence Foundations, 29 sections have been updated with summaries and analysis of more than 60 recent significant state and federal court decisions. 

Here are some of the issues addressed:

Impeachment of witnesses by

• Character trait of untruthfulness.
• Prior convictions.
• Prior inconsistent statements.

Lay opinion on

• Nature of marks on a child’s body.
• Fitness to operate a motor vehicle.
• Meaning of slang terms.

• Cell phone calls.
• Photos, posts, comments, and messages from Facebook accounts.
• Text messages.
• Printouts of social networking sites.
• Twitter posts.

• Implicit assertions in out of court statements.
• Out of court statements not offered to prove the truth of the matter asserted.
• Testimonial vs. non-testimonial nature of statements made:
  • In ongoing emergencies and 911 calls.
  • Before a beth din (rabbinical court).
  • By a crime victim to EMT and doctor in emergency room.
• Forfeiture by wrongdoing.
• Adoptive and vicarious admissions
• Declarations to show declarant’s state of mind.
• Records:
  • National Precursor Log Exchange records as business records.
  • Absence of a public record.
  • Timeliness requirement for a record of a regularly conducted activity.
  • Past recollection recorded and present recollection refreshed.
• Excited utterances.

Character evidence regarding

• When a defendant opens the door for prosecution to introduce character evidence.
• When a defendant can introduce evidence of victim’s aggressive character.
• Questioning a witness about the credibility of the witness’s prior testimony.