Re-cross examination in Green v. United States
If the government introduces new evidence during re-direct examination, the defense has a constitutional right to question the witness about that new evidence. The post Re-cross examination in Green v....
View Article“Present Sense Impression” in Sims v. United States
In addition to contemporaneity and spontaneity, the proponent of a "present sense impression" hearsay exception must prove that the declarant personally perceived the event described. The post “Present...
View ArticleHearsay through the eyes of our law student
When it comes to hearsay, there is only one phrase you need to keep in mind: Hearsay is an out-of-court assertion offered for the truth. If it doesn’t satisfy that definition, it is not hearsay. The...
View ArticleGetting the rules of evidence wrong in HBO’s “The Undoing”
It can't be much fun to watch a legal drama on TV with my wife and me. We understand the need to keep the story moving. But you need to get certain basics correct. The post Getting the rules of...
View ArticleOn the “missing evidence” jury instruction in Howard v. US
Like "reading the white space" on a police report (that is, focusing on what is NOT included), the "missing evidence" jury instruction “essentially creates evidence from non-evidence.” The post On the...
View ArticleOn character and grace
Donald Trump's problems go beyond a lack of manners or character. He is also a sociopath. He does not learn. He has no shame. He is driven only by immediate self-interest. The post On character and...
View ArticleBeating an attempted drug possession case
Now that DFS has lost its accreditation, the government is looking for creative ways to prosecute drug possession cases, including amending the charges to attempted possession. There are equally...
View ArticleBias and corruption in Jones v. US
Bias can be "a favorable or friendly feeling toward a party." It can also be hostility toward someone, a motive to lie out of self-interest, and/or corruption. The post Bias and corruption in Jones v....
View ArticleThe “forfeiture-by-wrongdoing” doctrine in Hairston
Under the ‘forfeiture-by-wrongdoing doctrine, a defendant forfeits his Sixth Amendment right to be confronted by a witness against him, as well as his objection to the introduction of hearsay, if he...
View ArticleLimiting recross examination in Sanchez v. U.S.
D.C. Superior Court judges do not typically allow re-cross examinations. Yes, you have a constitutional right to confront witnesses against you in a criminal proceeding. But, with judges enjoying...
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