Evidence: GA distinctions Flashcards
Do the rules of evidence apply at probation revocation hearings in GA? Parole revocation hearings?
Probation revocation hearings: evidence rules apply
Parole revocation hearings: evidence rules do NOT apply
When does Daubert not apply?
- workers comp cases
- administrative cases
- criminal cases
What governs in criminal cases for scientific evidence?
Harper case: any scientific evidence offered in a criminal case must have reached a verifiable stage of scientific certainty to be admitted
Are statements by a health care provider expressing sympathy, regret, mistake, error admissible?
NO.
**different from federal rule where these statements would be admissible
Remedial measures: difference in GA
Products liability cases: subsequent remedial measures in a products liability case are ADMISSIBLE
*not admissible in MBE
Collateral benefits rule
In a tort case, evidence that P received benefits or compensation from sources outside the court are INADMISSIBLE. (can’t admit insurance proceeds, etc)
Confessions: induced
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.
Character evidence: method D may prove in criminal case
D may present specific instances of his past conduct
MBE: specific acts NOT admissible on direct
Notice to defense of prosecution’s intent to offer evidence of D’s past crimes, wrongs, or acts
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
How do you authenticate medical bills?
Testimony of the patient OR
testimony of the patient’s caregiver
- bills were received
- bills relate to P’s injuries
Public records: authentication
No seal required if it is a GA public record - only written certification is required
Child witness in deprivation proceedings or criminal proceedings where child is allegedly the victim of a crime: special rule
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
Refreshing recollection
Judge can order a party to disclose to opponent what was used to refresh the recollection BEFORE witness took the stand
Cross examination in GA
GA permits wide open cross on any relevant matter
Prior inconsistent statement
If witness is TESTIFYING: admissible for impeachment and SUBSTANTIVE
Prior inconsistent statement: when must you confront the witness?
First confront BEFORE offering extrinsic evidence
Impeachment by prior conviction: what can’t be used
- nolo
2. prior adjudication of guilt and subsequent discharge under the FIRST OFFENDER statute
When can an assertion of a privilege be used against you?
Can be used in a civil case to draw a negative inference.
Is there a physician-patient privilege in GA?
NO
When do marital privileges not apply?
Cases dealing with a crime against a child or interspousal crime
Privilege: accountant and client
Privileged when talking about an audit
How are out of court statements of a testifying witness treated in GA?
They are NOT hearsay. They are normally Inadmissible to bolster the credibility of a testifying witness.
When can prior out of court statements of a testifying witness be admitted?
- prior inconsistent
- prior consistent that logically rebuts an attack on a witness’s credibility
- statement that otherwise qualifies for a hearsay exception
Admissions in GA
treated as exceptions to the hearsay rule
MBE: not hearsay
