Articles in the Evidence category - Page 19 of 29

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 […]

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 […]

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 […]

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 […]

Suppose a child victim of sexual abuse is referred to a psychologist for counseling. In the course of treatment the child reveals details about the abuse. If the child doesn’t […]

I have been asked several times whether the state may admit, under N.C. R. Evid. 404(b), evidence of noncriminal conduct. The answer is yes, assuming of course that the evidence […]

Suppose in a robbery case that the State asks the defendant–who does not plan to testify–to stand in the courtroom wearing a mask allegedly worn by the robber. The defense […]

The recent case, State v. Ryan, presents an issue that keeps our appellate courts busy: the proper scope of expert testimony in child sexual abuse cases. In Ryan, after the […]

In a paper here I analyze Williams v. Illinois, the U.S. Supreme Court’s latest confrontation decision on substitute analyst testimony. Because Williams was a fractured opinion in which no rationale […]

Child sexual abuse cases raise a bevy of evidence issues. One recurring issue is this: Is it permissible for the State’s expert to testify that sexual abuse in fact occurred? […]