Category Archives: EVIDENCE

Admissibility of Electronic Evidence “Focus on Authenticity” (13-11)

QUESTION: During trial, judges are often asked to rule on the admissibility of electronic evidence. This unique form of evidence typically takes the form of: 1) Website Data;  2) Social Network Communications and Postings; 3) Email;  4) Text Messages, and 5) Computer Generated Documents. What Four-Step legal analysis should the court follow in ruling on the admissibility of Electronic Evidence?

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Pendleton13.11-Admissibility_of_Electronic_Evidence

Admissibility of Defendants Prior Bad Acts Including Relationship Evidence (12-06)

QUESTION: To be Admissible, Evidence of Prior Bad Acts of Defendant, including Defendant’s Relationship with the Victim, Must Fit within 1 of 4 Exceptions to the General Rule Prohibiting Evidence of Bad Character.

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Pendleton12.06-Admissibility_of_Defendants_Prior_Bad_Acts

Spriegl Evidence – 5 Step Process (12-04)

QUESTION: STATE FILES A MOTION-IN-LIMINE SEEKING ADMISSION OF SPREIGL EVIDENCE. WHAT 5 STEP PROCESS MUST THE COURT FOLLOW IN REACHING A DECISION?

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Pendleton12.04-Spriegl_Evidence-5_Step_Process_Amended

Admissibility of Pre-Arrest Silence (11-16)

WHEN RULING ON THE ADMISSIBILITY OF A DEFENDANT’S PRE-ARREST, PRE-MIRANDA SILENCE (FOR USE IN THE STATE’S CASE-IN-CHIEF) THERE ARE 4 PRIMARY QUESTIONS THE COURT MUST ANSWER.

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Pendleton11.16-Admissibility_of_Pre-Arrest_Silence

Rape Victim Myths – Expert Testimony; Supreme Court Clarification (11-15)

QUESTION: During A Criminal Sexual Conduct Jury Trial In Which Defendant Claims Consent, The Prosecution Attempts To Introduce Expert Testimony To Describe And Explain ‘Counterintuitive Rape Victim Behaviors’ (Common Rape Myths) Exhibited By Adult Victims Of Sexual Assaults. What are these common rape myths?

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Pendleton11.15-Rape_Victim_Myths