Hearsay Exceptions: The Residual Exceptions
In a series of posts, I’ve been covering some of the hearsay exceptions that arise most commonly in criminal cases. The residual exceptions make that list. Here is your primer […]
February 26, 2014
When Officers Are Above the Law
The television news magazine 20/20 aired video footage last fall of North Carolina law enforcement officers speeding on Interstate 40 near Raleigh. Reporters followed the police vehicles to determine whether […]
February 24, 2014
Hearsay Exceptions: Public Records & Reports
In my last blog post on hearsay exceptions, I discussed the business records exception. Here, I’ll address the hearsay exception for public records and reports. Rule 803(8) provides a hearsay […]
February 19, 2014
Hearsay Exceptions: Business Records
Continuing my series on commonly used hearsay exceptions, we arrive, in this post, at the business records exception. This one comes up a lot in criminal cases. Here are the […]
February 18, 2014
Hearsay Exceptions: Recorded Recollection
In a series of blog posts, I’ve been tackling the most common hearsay exceptions. This post focuses on the Rule 803(5) exception for recorded recollections. N.C. Rule 803(5) contains a […]
February 10, 2014
No Checkpoint Policy? No Checkpoint Evidence.
Regular and well-publicized checkpoints are an important component of the State’s effort to curtail impaired driving. Checkpoints provide specific as well as general deterrence. A handful of impaired drivers typically […]
January 21, 2014
Hearsay Exceptions: Then Existing Mental, Emotional, or Physical Condition
I’ve previously blogged about hearsay exceptions for admissions by party-opponents (here), present sense impressions and excited utterances (here), and statements for purposes of medical diagnosis and treatment (here). In this […]
December 19, 2013
May Magistrates Be Compelled to Testify about Their Decision-Making Processes?
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the […]
November 18, 2013
Hearsay Exceptions: Present Sense Impressions & Excited Utterances
Rule 803 sets out twenty-three hearsay exceptions that apply regardless of the declarant’s availability. Two that arise with some frequency in criminal cases are present sense impressions and excited utterances. […]
November 12, 2013
Hearsay Exceptions: Admissions by Party-Opponents
Evidence Rule 801(d) sets out a hearsay exception for “Admissions by a Party-Opponent.” If you’re not clear on that rule, read on. The rule says that a statement is admissible […]
Subscribe
Categories
Blog Authors
- Maggie Bailey
- Brittany Bromell
- Emily Coward
- Alexander Cowell
- Melanie Crenshaw
- Michael Crowell
- Shea Denning
- Sara DePasquale
- Phil Dixon
- James Drennan
- Belal Elrahal
- Whitney Fairbanks
- Bob Farb
- Rebecca Fisher-Gabbard
- Jacquelyn Greene
- Timothy Heinle
- Jonathan Holbrook
- Joseph L. Hyde
- Kirsten Leloudis
- Caitlin Little
- Ian Mance
- Jamie Markham
- Chris McLaughlin
- Kristi Nickodem
- Alex Phipps
- M. Jeanette Pitts
- LaToya Powell
- Ethan Rex
- John Rubin
- Jessica Smith
- Meredith Smith
- Daniel Spiegel
- Tom Thornburg
- Hannah Turner
- Christopher Tyner
- Jeffrey Welty