Rule 404(b): The Requirement of Temporal Proximity
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 […]
The DSM V
The American Psychiatric Association is about to release the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, commonly abbreviated DSM-V and pronounced “DSM five.” This is important to criminal […]
News Roundup
There was lots of news this week about judges new and old, so let’s start with that, then move on to the rest: Jeff Hunt, until now the elected district […]
Alleging Probation Violations in a Post-JRA World
How specific does a probation violation report need to be about which condition the probationer allegedly violated? Until last week, I would have said “not very.” A new case from […]
New Edition of the Capital Case Law Handbook Now Available
Although the number of capitally-tried cases has declined in recent years, capital cases remain important, complex, and hotly contested. So I’m happy to announce that a new edition of the […]
Street Names and Nicknames
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 […]
Rule 404(b): The Requirement of Similarity
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, __ […]
News Roundup
Certainly the most shocking story of the week comes from Cleveland, where Ariel Castro has been charged with abducting three women, sexually abusing them, and holding them captive for ten […]
Video Blog Post: Unstructured Sentencing
It’s been over two years since I recorded my first video blog post. With the help of School of Government multimedia developer Jamar Jones, I prepared another one for today. […]
Been there . . . decided that
Whether a suspect refused to submit to a breath test is a hotly contested issue in many impaired driving cases. That determination is critical to two proceedings: the administrative proceeding […]