The Rules When There Are No Rules
In this blog post from 2012, Professor Jessica Smith summarized Rules of Evidence 101 and 1101, which together dictate that the rules of evidence apply to “all actions and proceedings […]
January 14, 2020
In this blog post from 2012, Professor Jessica Smith summarized Rules of Evidence 101 and 1101, which together dictate that the rules of evidence apply to “all actions and proceedings […]
February 5, 2019
In self-defense cases, the defendant typically claims that the “victim” was actually the assailant and that the defendant needed to use force to defend himself, family, home, or other interests. […]
October 18, 2018
It was an epic throw down between two powerhouse teams on Monday in the heart of London. I don’t mean basketball. I certainly don’t mean football. I mean the moot […]
June 12, 2018
The defense files a motion to suppress evidence in superior court, and the judge sets the matter for a hearing. The parties and their witnesses show up, ready to give […]
May 8, 2018
The State of North Carolina goes to trial against Donnie Defendant, who is alleged to be the infamous “Tarheel State Killer” and charged with committing a series of brutal assaults […]
March 13, 2018
A few weeks ago I participated in a seminar on digital evidence, and one of the topics we discussed was cell phone records (subscriber information, call detail records, historical location […]
March 5, 2018
I wrote a post (here) about the recorded recollection exception to the hearsay rule, in which I noted that this exception often is confused with the technique of present recollection […]
October 11, 2017
After Roshawn Thompson picked up his cousin Kendall Rascoe from the Greenville mall in November 2014, Thompson and a friend, Andre Grey, robbed Rascoe at gunpoint. At Thompson’s armed robbery […]
June 19, 2017
Over the weekend, the judge presiding over Bill Cosby’s sexual assault trial declared a mistrial after the jury was unable to reach a unanimous verdict. I hadn’t followed the case […]
May 22, 2017
When a defendant is charged with possession of a firearm by a felon, may the prosecution introduce, under Rule 404(b), evidence that the defendant previously possessed a different firearm? Courts […]