State v. McKoy and Opening the Door
Suppose the defendant is on trial for murder. He argues he shot the victim in self-defense. The State elicits testimony from the victim’s father that the victim, who lived at […]
October 27, 2023
Suppose the defendant is on trial for murder. He argues he shot the victim in self-defense. The State elicits testimony from the victim’s father that the victim, who lived at […]
August 27, 2013
When may rap lyrics written by a defendant be admitted as evidence of guilt? That question has been in the news quite a bit lately as a result of a […]
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 […]
September 19, 2012
Rule 403 provides that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice . . . needless presentation of cumulative […]
July 16, 2012
In State v. King, the N.C. Supreme Court recently clarified the rules regarding the admissibility of repressed memory evidence. In King the defendant was charged with sexually assaulting his daughter, […]
April 19, 2010
The State’s effort to introduce photographs of a homicide victim into evidence often is met with defense objections. One objection sometimes asserted is that the photographs are inadmissible as substantive […]
March 30, 2010
Some crimes, such as felon in possession of a firearm, include as an element that the defendant has a qualifying prior conviction. When this is the case, the defense may […]
March 17, 2010
In an earlier post, I wrote about relevancy and guilt of another. In this post, I consider another relevancy issue: context, circumstances, and chain of events evidence. Consider this problem: […]