EvidenceProf Blog

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Northern District of Indiana Finds 911 Call Made About 5 Minutes After An Assault Qualified as a Present Sense Impression

EvidenceProf Blog

Federal Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. So, does a 911 call made about five.

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Fourth Circuit Finds District Court's Non-Anonymity Order Was an Abuse of Discretion

EvidenceProf Blog

Should a plaintiff be able to use a pseudonym when suing a defendant, or should she have to use her real name? The recent opinion of the Fourth Circuit in Doe v. Sidar, 2024 WL 696535 (4th Cir. 2024), does.

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Central District of California Finds Habit Evidence Admissible in Clam Chowder Slip & Fall Action Against Costco

EvidenceProf Blog

Federal Rule of Evidence 406 provides that Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.

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Supreme Court of Kentucky Finds Defendant's Testimony That He's "Kindhearted" Opened the Door For Evidence of His Violence

EvidenceProf Blog

Kentucky Rule of Evidence 404(a)(1) provides as follows: (a) Character evidence generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1).

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Appellate Court of Illinois Finds Rule 405(b)(2) Covers the Victim's Violent Acts Committed Prior to Trial

EvidenceProf Blog

Federal Rule of Evidence 405(b) states the following: (b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by.

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Court of Appeals of Ohio Finds Jurors Not Disqualified Based on Being Insured by Defendant's Insurance Company

EvidenceProf Blog

Similar to its federal counterpart, Ohio Rule of Evidence 411 provides that Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rule does.

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Eleventh Circuit Finds No Error in judge Directing Jurors to Resolve a "Metaphysically Impossible" Verdict

EvidenceProf Blog

Sometimes a jury renders an inconsistent verdict. For example, in the recent case, United States v. Gatlin, 90 F.4th 1050 (11th Cir. 2024), "the jury initially returned a verdict finding Gatlin guilty of sex trafficking a minor but, on the.

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