Preliminary Sections
Author | Gordon P. Cleary |
Pages | 1-14 |
TRIAL EVIDENCE FOUNDATIONS
B G P. C
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 34 sections that have been updated with 70+ case
Some of the topics covered include—
Rule of Completeness
Impeachment by Prior Bad Acts
• Sexual assault allegations to rebut a fabrication defense.
• Civil judgments in criminal case arising from same facts.
Impeachment by Prior Convictions
• Conviction for tampering with evidence as dishonest act under Rule 609(a)(2).
• Judge reverses ruling and allows prior conviction in when defendant is in middle of testimony.
Lay Opinion Evidence
• Testimony of police sergeant on speed of vehicle based on accident reconstruction calculations.
Expert Opinion Evidence—Daubert Consideration
• Expert opinion on class action requirements; reliance on data and information provided by third parties.
Authentication
• Phone calls by defendant from jail.
• Copies of harassing emails from father to daughter.
• Text messages between man and ex-wife.
• Facebook posts.
• Victim’s transcriptions of text messages from defendant.
• Text messages retrieved from cell phone by forensic techniques.
• Types of circumstantial evidence that will corroborate identity of sender of electronic communications.
Hearsay and Hearsay Exceptions
• Requirements for forfeiture by wrongdoing doctrine.
• Requirements for adoptive admissions by silence.
To continue reading
Request your trial