Search
Daniel Coble
- Dec 10, 2019
'Recalling a Witness' or 'Reopen an Examination' under 611(a)
In an unpublished opinion from the Fourth Circuit, the court looked at the ability for a party to recall a witness and reopen examination....
Daniel Coble
- Dec 6, 2019
Inevitable discovery doctrine & inventory searches
In a recent Fourth Circuit case (US v. Seay), the court had to analyze an exception to the warrant requirement: inevitable...
Daniel Coble
- Dec 5, 2019
Extrinsic vs. Intrinsic Evidence...404(b) & Conspiracy
In a recent case from the Fourth Circuit, the court explained the difference between intrinsic evidence and extrinsic evidence. Click...
Daniel Coble
- Nov 27, 2019
Experiential vs. Scientific Expert Testimony (federal court)
In a recent unpublished opinion, the Fourth Circuit explains the difference between "experiential" and "scientific" based expert...
Daniel Coble
- Nov 26, 2019
Affidavit of Evidence vs. Affidavit of Authentication
The Federal Rules of Evidence speak about business records in two different rules: hearsay exception and self-authentication. The rules...
Daniel Coble
- Nov 22, 2019
Mandatory Minimums, Juveniles, & Miller/Montgomery/Malvo
The Supreme Court has a case before it now asking the Court to decide if discretionary life sentences for juveniles are constitutional....
Daniel Coble
- Nov 10, 2019
Use of the term "robbery" implicates both 403 and 701
A recent published opinion from the Fourth Circuit upheld the trial court when it allowed witnesses to testify using the term "robbery." ...
Daniel Coble
- Oct 29, 2019
If FRE don't apply (1101), then what is the standard?
In certain hearings, the rules of evidence do not apply. See FRE 1101(d) (preliminary questions, grand jury, sentencing, etc.). If the...
Daniel Coble
- Oct 28, 2019
True or False? Doesn't matter
A recent unpublished opinion from the Fourth Circuit held that text messages the defendant received about drug dealing were not used for...
Daniel Coble
- Oct 21, 2019
What is intrinsic evidence?
A recent unpublished opinion from the Fourth Circuit explains what "intrinsic" evidence is and that this type of evidence does not...
Daniel Coble
- Oct 14, 2019
404(b) & Res Gestae: When did the prior act start and when did it end?
In a recent Fourth Circuit opinion, the court analyzed 404(b) evidence vs. res gestae. Essentially, the rules of evidence prohibit...
Daniel Coble
- Oct 13, 2019
Demonstrative Evidence: 1006 vs. 611
In a recent Fourth Circuit opinion, the court explains the difference between two types of demonstrative evidence rules - 1006 and...