Category Archives: EVIDENCE

Battered Woman Syndrome (10-13)

QUESTION: During A Criminal Sexual Conduct (Rape) Jury Trial Involving A Battered Woman Relationship, The Prosecution Attempts To Introduce Evidence Of The “Battered Woman Syndrome” To Explain:

1. Why Some Victims Fail To Timely Report Crimes;

2. Why Some Victims Often Recant Testimony;

3. Why Some Victims Refuse To Leave Abusive Relationships,

What Is The “Battered Woman Syndrome” And What 4 Step Analysis Should The District Court Follow When Ruling On Admissibility?

CLICK ON LINK BELOW TO READ MORE

Pendleton10.13-Battered_Woman_Syndrome

Residual Hearsay Exception Rule, Minn. R. Evid. 807 (10-12)

QUESTION: THE MORNING OF TRIAL YOU ARE ASKED TO RULE ON THE ADMISSIBILITY OF A HEARSAY STATEMENT UNDER THE RESIDUAL EXCEPTION TO THE HEARSAY RULE (Minn. R. Evid. 807). WHAT IS THE RESIDUAL HEARSAY EXCEPTION RULE AND WHAT 6 STEP ANALYSES MUST YOU FOLLOW TO PROPERLY RULE?

CLICK ON LINK BELOW TO READ MORE

Pendleton10.12-Residual_Hearsay_Exception_Rule

Determining Admissibility of Hearsay – Crawford v. Washington (10-08)

The Morning Of Trial, While Addressing Motions-In-Limine, You Are Asked To Rule On The Admissibility Of A Hearsay Statement For Use In The State’s Case In Chief. The Following Is A Seven Step Analysis The Court Should Apply In Determining Admissibility Of Any Hearsay Statement Under Crawford v. Washington, 541 U.S. 36 (2004); see State v. Cox, A08-145 March 18, 2010.

CLICK ON LINK BELOW TO READ MORE

Pendleton10.08-Determining_Admissibility_of_Hearsay-Crawford