If you litigate or preside in any court in the state of New York, you know just how confounding the state's evidence law can be. New York Evidence Handbook is the new, comprehensive guide to all of the rules and principles of evidence applicable in New York courts. This new 1,000 page handbook presents a practical, contemporary approach to evidence -- written with the real-world challenges of the New York trial lawyer and judge in mind. It gathers into one, easy-to-use handbook all of the rules, the leading decisions, and the significant statutes you need to consider when assessing the admissibility of evidence. The book walks you through all the rules and their operation (as they relate to judicial notice, presumptions, relevance, the "best evidence" rule, etc.) discussing all of the leading authorities, and citing numerous trial examples. Throughout New York Evidence Handbook, special attention is paid to helping you quickly solve commonly encountered, but difficult, evidence questions. Without requiring you to pore through older cases of little precedential value, you'll find the latest rules, cases and analysis on: Expert evidence - Including DNA profiling, expert opinions based on facts not in evidence Hearsay - Confrontation Clause problems, prior statements of witnesses, admissions by employees, hearsay included in business records Privileges - Attorney client-privilege in the corporate setting, inadvertent or selective waivers, privileges for health care professionals Witnesses - Impeachment by prior convictions and bad acts, evidence from hypnotized witnesses, prior inconsistent and consistent statements Relevancy - Chain of custody for physical evidence, gory photographs, character and uncharged crimes, stipulations. The fully revised third edition includes exciting updates and changes like: The geometric expansion of digital evidence. A new appendix providing detailed descriptions on more recent, cited cases Fallout from the Supreme Court's revision of Confrontation Clause doctrine The evolution of the law governing expert testimony.
R v Campbell (2007) FACTS: The defendant was charged with false imprisonment and assault against a woman with whom he had a sexual relationship. The prosecution was permitted to adduce evidence of recent crimes of violence against ...
An illustration of the application of section 74(1) may be found in R v Robertson. Robertson was charged with conspiring with Poole and Long to commit burglaries. Poole and Long pleaded guilty to relevant substantive counts of burglary, ...
He argued that Officer Moore was mistaking him for a man named David Bailey, with whom he was playing dice around the time of the sale. Mr. Copelin and his corroborating witnesses testified that they had seen Mr. Bailey repeatedly leave ...
Hallmark features of An Analytical Approach to Evidence: Text, Problems, and Cases: An opening transcript from an actual criminal law case illustrates how evidence is admitted and excluded in practice--Chapter Two on the trial process can ...
In Powell v. State,266 the accused was charged with indecency with a child. The prosecution introduced testimony from six witnesses to the effect that they too had been victims of the accused's acts, on the argument that the evidence of ...
Lowery , 6.9 n.255 Turner v . Safley , 5.3 n.267 ; 6.2 n.262 6.12 nn.26 , 169 , 195 , 263 , 430 Tornay v . United States , 6.7 nn.77,96 Torres v . INS , 5.4 n.51 Torres v . Kuzniasz , 6.12 nn.272 , 276 Torres v .
As the prosecution points out , Sullivan's direct testimony raised the issue of his credibility to the jury . Sullivan's credibility was in fact the central issue litigated in the case , as the defense presented only Sullivan and the ...
Maryland Evidence Handbook
Maryland Evidence Handbook
Evidence of Opinion and Expert Evidence