Eleventh Circuit Allows Federal Agent to Offer Non-Expert Opinion on Handwriting
Under Federal Rule of Evidence 901(b)(2), a non-expert may opine that a particular writing was made by the defendant. But, critically, ...
Eleventh Circuit Re-affirms “Timing” Principle with Respect to Co-Conspirator Statements
In many criminal cases, the government has charged the defendant with a conspiracy count, alleging that he or she conspired ...
In Wrongful Death Case, Eleventh Circuit Affirms Trial Judge’s Exclusion of “Marital Discord” Evidence
All, I’m sharing an interesting, published opinion from Judge Carnes in Sowers v. R.J. Reynolds Tobacco Co., No. 18-11901, 2020 WL ...
Federal Circuit Court Roundup: Published Evidence Cases (6/14/19)
D.C. Circuit Case: United States v. Bikundi, No. 16-3066, 2019 WL 2426147 (D.C. Cir. June 11, 2019) Type of Case: Criminal Charges/Counts: Health ...
Federal Circuit Court Roundup: Published Evidence Cases (6/6/19)
First Circuit Case: United States v. Tkhilaishvili, No. 18-1027, 2019 WL 2366361, at *2 (1st Cir. June 5, 2019) Type of ...
Federal Circuit Court Roundup: Published Evidence Cases (6/5/19)
First Circuit Case: United States v. Galindo-Serrano, No. 16-2505, 2019 WL 2295463, at *7 (1st Cir. May 30, 2019) Type of ...
FRE 803(6): Sixth Circuit Holds that an Email Doesn’t Qualify as a Business Record
In today’s world, email is essential to the functioning of most businesses. Employees use email to communicate about work tasks. Businesses use ...
FRE 803(6): Former Supreme Court Justice Upholds Admission of “Integrated” Business Records
One of the most commonly cited exceptions to the rule against hearsay is the business records exception, which is set ...
Federal Circuit Court Roundup: Published Evidence Cases (5/24/19)
Sixth Circuit Case: United States v. Wandahsega, No. 18-1219, 2019 WL 2183198, at *7 (6th Cir. May 21, 2019) (see prior ...
FRE 803(4): Sixth Circuit Breaks with Eighth Circuit When Interpreting Hearsay Exception for Statements Made for Medical Diagnosis or Treatment
There are a host of exclusions and exceptions to the rule against hearsay. The general theory behind these hearsay “carve outs” ...