Preliminary Sections

• Author: Gordon P. Cleary
• Pages: 1-14

TRIAL EVIDENCE FOUNDATIONS

BY GORDON P. CLEARY

HIGHLIGHTS

This handy courtroom guide will keep you from missing any of the elements required to lay a proper foundation and

alert you to when your opponent has. The latest edition features 33 sections that have been updated with 75

new case notes of recent signif‌icant federal and state decisions. Some of the topics covered include—

JUDICIAL CONTROL OVER PRESENTATION OF EVIDENCE

• Discretionary ability of judge or magistrate to questions witnesses

CRIMINAL RESPONSIBILITY

• Establishing defense on grounds of insanity

• Burden of proof in competency hearings

CHILD WITNESSES

• Competency to testify

THE EMPTY CHAIR DOCTRINE

• Court denial of request for missing witness charge

• “Missing Witness” Rule and failure to call available witnesses

• Court failure to issue missing witness instruction

AUTHENTICATION

• 911 recordings

• Text messages

• Instagram posts

HEARSAY

• Machine generated reports

• Substitutes for verbal expression

• Hearsay within hearsay

• Prior witness statements and testimony

• Forfeiture by wrongdoing

HEARSAY EXCEPTIONS

• Excited utterances

• Adoptive admissions

• State of mind

• Email as business record

CHARACTER EVIDENCE

• “Opening the door” doctrine

• Relevancy of evidence

• Evidence of uncharged crimes

AND MORE!