Evidence: GA distinctions

Question 1

Do the rules of evidence apply at probation revocation hearings in GA? Parole revocation hearings?

Answer 1

Probation revocation hearings: evidence rules apply

Parole revocation hearings: evidence rules do NOT apply

Question 2

When does Daubert not apply?

Answer 2

• workers comp cases
• administrative cases
• criminal cases

Question 3

What governs in criminal cases for scientific evidence?

Answer 3

Harper case: any scientific evidence offered in a criminal case must have reached a verifiable stage of scientific certainty to be admitted

Question 4

Are statements by a health care provider expressing sympathy, regret, mistake, error admissible?

Answer 4

NO.

**different from federal rule where these statements would be admissible

Question 5

Remedial measures: difference in GA

Answer 5

Products liability cases: subsequent remedial measures in a products liability case are ADMISSIBLE

*not admissible in MBE

Question 6

Collateral benefits rule

Answer 6

In a tort case, evidence that P received benefits or compensation from sources outside the court are INADMISSIBLE. (can’t admit insurance proceeds, etc)

Question 7

Confessions: induced

Answer 7

When confessions are induced by police or a prosecutor who gave D hope of a reduced charge, a lighter sentence, or immunity, the confession in involuntary and INADMISSIBLE.

Question 8

Character evidence: method D may prove in criminal case

Answer 8

D may present specific instances of his past conduct

MBE: specific acts NOT admissible on direct

Question 9

Notice to defense of prosecution’s intent to offer evidence of D’s past crimes, wrongs, or acts

Answer 9

GA: notice requirement is automatic
(no notice required if being used to prove motive, circumstances surrounding the charged crime)

MBE: P only has to give notice if D requests notice

Question 10

How do you authenticate medical bills?

Answer 10

Testimony of the patient OR
testimony of the patient’s caregiver

1. bills were received
2. bills relate to P’s injuries

Question 11

Public records: authentication

Answer 11

No seal required if it is a GA public record - only written certification is required

Question 12

Child witness in deprivation proceedings or criminal proceedings where child is allegedly the victim of a crime: special rule

Answer 12

Testimony of child CANNOT be excluded on the ground that the child is too young to be competent or understand the meaning of the oath

Question 13

Refreshing recollection

Answer 13

Judge can order a party to disclose to opponent what was used to refresh the recollection BEFORE witness took the stand

Question 14

Cross examination in GA

Answer 14

GA permits wide open cross on any relevant matter

Question 15

Prior inconsistent statement

Answer 15

If witness is TESTIFYING: admissible for impeachment and SUBSTANTIVE

Question 16

Prior inconsistent statement: when must you confront the witness?

Answer 16

First confront BEFORE offering extrinsic evidence

Question 17

Impeachment by prior conviction: what can’t be used

Answer 17

1. nolo

2. prior adjudication of guilt and subsequent discharge under the FIRST OFFENDER statute

Question 18

When can an assertion of a privilege be used against you?

Answer 18

Can be used in a civil case to draw a negative inference.

Question 19

Is there a physician-patient privilege in GA?

Answer 19

NO

Question 20

When do marital privileges not apply?

Answer 20

Cases dealing with a crime against a child or interspousal crime

Question 21

Privilege: accountant and client

Answer 21

Privileged when talking about an audit

Question 22

How are out of court statements of a testifying witness treated in GA?

Answer 22

They are NOT hearsay. They are normally Inadmissible to bolster the credibility of a testifying witness.

Question 23

When can prior out of court statements of a testifying witness be admitted?

Answer 23

1. prior inconsistent
2. prior consistent that logically rebuts an attack on a witness’s credibility
3. statement that otherwise qualifies for a hearsay exception

Question 24

Admissions in GA

Answer 24

treated as exceptions to the hearsay rule

MBE: not hearsay

Question 25

In GA, can a person’s statement of intent incorporate the intent of another?

Answer 25

NO. Only admissible for declarant’s intent.

Question 26

Public records: can they be offered under the business records exception?

Answer 26

NO

Question 27

Learned treatise: when does the exception apply?

Answer 27

GA: only on cross-exam of an expert

MBE: direct and cross

Question 28

Special GA hearsay exceptions: out of court statements by a child under 14 describing sexual or physical abuse

Answer 28

Admissible if the child is available to TESTIFY and the trial court finds the statements RELIABLE

Question 29

Medical narrative report

Answer 29

• personal injury cases
• party may offer a medical narrative of a health care provider instead of calling the provider at trial
• party must give:
  1. copy of the report to the other side
  2. at least 60 days notice before trial

Question 30

In GA, what rules of evidence apply at a sentencing hearing?

Answer 30

All rules apply except character evidence and hearsay rules