A UNC School of Government Blog
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. Here’s what you need to know about those exceptions. Present Sense Impression. Rule 803(1) provides an exception for “[a] statement describing or explaining an event … Read more
I field a lot of calls from prosecutors, defenders, and judges about evidence issues. Character evidence is one area that accounts for a lot of those calls. And no wonder. The rules are complicated and almost impossible to keep straight. The basic rule is that character evidence can’t be admitted to show propensity. Thus, evidence … Read more
I previously posted (here) about impeaching a witness with a prior inconsistent statement. In this blog post I’ll address impeaching with evidence of bias. As our blog readers know, a witness may be impeached with evidence that he or she is biased because of, for example, affection for or dislike of a party or self-interest … Read more
Trial lawyers love a good gotcha moment and this method of impeachment–by prior inconsistent statement–presents lots of opportunities for that. Proving that a witness previously made statements inconsistent with his or her trial testimony impeaches the witness by casting doubt on the witness’s credibility. Note that use of a prior inconsistent statement for impeachment purposes … Read more
When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most common answer to that question – and may leave a significant number of weapons in limbo. Prior law. Until recently, G.S. 15-11.1(b1) provided that once … Read more
If you’re on my listserv, you know that the NC Supreme Court recently issued several confrontation clause decisions, all dealing with substitute analysts (if you’re not on my listserv, you can sign up here for my case summaries). I’ve previously written (here) about Williams v. Illinois, the US Supreme Court’s most recent confrontation decision on … Read more
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 requirements of similarity and temporal proximity.” State v. Beckelheimer, __ N.C. __, 726 S.E.2d 156, 159 (2012) (quoting State v. Al-Bayyinah, 356 N.C. 150, 154 … Read more
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 crime, and that she knew that the defendant used the nickname “Hit Man.” Defense counsel moves to prohibit all references to the nickname during the … Read more
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, __ N.C. __, 726 S.E.2d 156, 159 (2012) (quoting State v. Al-Bayyinah, 356 N.C. 150, 154 (2002)). In this, my fourth post on Rule 404(b) evidence, … Read more
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 or disposition to commit the charged offense. Evidence of other crimes, wrongs, or acts is admissible, however, for other purposes. In this post, my third … Read more