Beyond Legislative Solutions to Melendez-Diaz
Jessica Smith
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to […]
June 10, 2013
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to […]
Read post "Beyond Legislative Solutions to Melendez-Diaz"May 21, 2013
As I noted in my last post on Rule 404(b) evidence, even when the evidence is relevant to an issue other than propensity or disposition, admissibility is “constrained by the […]
Read post "Rule 404(b): The Requirement of Temporal Proximity"May 14, 2013
Suppose that a murder defendant goes by the street name “Hit Man.” The prosecution wants the investigating officer to testify that she received a tip that “Hit Man” committed the […]
Read post "Street Names and Nicknames"May 13, 2013
Even when Rule 404(b) evidence is relevant to an issue other than propensity or disposition, admissibility is “constrained by the requirements of similarity and temporal proximity.” State v. Beckelheimer, __ […]
Read post "Rule 404(b): The Requirement of Similarity"May 7, 2013
Rule 404(b) is a rule of inclusion subject to one exception: the evidence must be excluded if its only probative value is to show that the defendant had the propensity […]
Read post "Rule 404(b): Proper Purpose Other than Propensity"May 2, 2013
Even the greenest of prosecutors knows to ask it. And all officers, from rookie to veteran, know how to answer. Rare is the impaired driving case without it. What’s the […]
Read post "The Opinion Question: Myth or Magic?"April 30, 2013
In this second post on Rule 404(b) evidence [editor’s note: the first post in this occasional series is here], I’ll address a point that sometimes gets overlooked in the admissibility […]
Read post "Rule 404(b): Did He Really Do It?"April 17, 2013
Evidence Rule 404(b) allows for the admission of evidence of other crimes, wrongs, or acts for purposes other than propensity, such as proving motive, opportunity, intent, preparation or plan. In […]
Read post "Rule 404(b): The Bare Fact of Conviction Rule"April 3, 2013
I’ve previously discussed the forfeiture by wrongdoing exception to the confrontation clause in this blog (here) and in numerous other publications (for example, here). In a nutshell, the forfeiture by […]
Read post "Fourth Circuit Declines to Take a Restrictive View of Forfeiture by Wrongdoing"March 25, 2013
The state crime lab and other local laboratories perform nearly 10,000 blood toxicology analyses annually, the vast majority of them in impaired driving cases. Unlike breath analysis results, which the […]
Read post "State crime lab backlogs and the right to speedy trial"