Eleventh Circuit
Eleventh Circuit Reminds Lawyers About Low Bar to “Authenticating” Evidence
At virtually every trial, in addition to calling witnesses to testify, you’ll need to offer physical evidence—emails, letters, text messages, screen shots,...
Eleventh Circuit Questions Trial Court’s Admission of 404(b) Evidence
In the past, I’ve written about so-called “propensity” evidence—evidence that tends to show that, because a criminal defendant did some...
Court Analyzes Psychotherapist-Patient Privilege
Most lawyers are very familiar with the attorney-client and work product privileges, including when they apply and how they might...
Eleventh Circuit Says District Judge Got 403 Analysis Right
Judge Bruce Selya—a federal appellate judge who sits on the U.S. Court of Appeals for the First Circuit—is fond of...
Eleventh Circuit Allows Stolen Identity Evidence in Drug Case
In federal criminal cases, the government can’t offer so-called “propensity” evidence—evidence that tends to show that, because the defendant also...
Eleventh Circuit Upholds Trial Court’s Admission of Both Expert Testimony About Alternative Saw Design and OSHA Reports
In product liability cases, expert testimony is key. A recent decision from the Eleventh Circuit—Crawford v. ITW Food Equip. Grp., LLC,...
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...