GA Evidence

Question 1

Presumptions

Answer 1

Conclusive presumptions are called estoppels. Estoppels include all similar cases where it would be more unjust and productive of evil to hear the truth than to forebear investigation.

Question 2

Rape Shield Exceptions

Answer 2

GA only recognizes one exception to the rape shield law. GA law allows the past sexual behavior of the victim with the accused to be admitted if the evidence supports an inference that the accused could have reasonably believed that the victim consent to the conduct.

Question 3

Attorney Client Privilege

Answer 3

Only applies to knowledge acquired by the attorney’s employment as an attorney or his anticipated employment as an attorney.

Question 4

Accountant Client Privilege

Answer 4

Provides that all communications between a certified public accountant and the person for whom he shall have made any audit or other investigation in a professional capacity concerning the business and affairs of clients shall be deemed privileged communications in all courts or in any other proceeding whatsoever. No such certified public accountant shall be permitted to testify with respect to any of such matters, except with the written consent of the client.

Question 5

Physician Patient Privilege

Answer 5

No privilege for physician-patient communications, but there is a physician shield statute, which provides that no hospital or health care facility shall be required to release any medical info concerning a patient except on appropriate court order or subpoena, and any facility which releases such info pursuant to an order will not be liable.

Question 6

Psychotherapist Patient Privilege

Answer 6

There is a privilege for psychotherapists and patients which excludes communications from evidence. There is no privilege when psychiatrist is court appointed for the purpose of evaluating a person’s mental health. Extends to social workers and nurses.

Question 7

Religious Privilege

Answer 7

There is a preacher penitent privilege

Question 8

Privilege Against Self-incrimination

Answer 8

Incriminating testimony and testimony that may bring infamy, disgrace, or public contempt upon the witness or his family is protected. Testimony that may bring infamy, disgrace, or public contempt upon the witness or his family is not protected when material to the case, only when it is being asked to impair witness’s credibility.

Question 9

Privilege of Law Enforcement Officer

Answer 9

Privileged not to be compelled to reveal his home address.

Question 10

impeachment by Conviction of a Crime

Answer 10

No notice is required for intent to offer other crimes, wrongs, or acts if the evidence is offered to prove the circumstances surrounding the charged offense, motive, or prior difficulties between the accused and the victim.

For DUIs, evidence of other crimes is admissible when:

1. the accused refused in the current case to take the state administered test required by Code and such evidence is relevant to prove, knowledge, plan, or absence of mistake or accident
2. accused refused in the current case to provide adequate breath sample and such evidence is relevant to prove knowledge, plan or absence of mistake or accident OR
3. identity of the driver is in dispute in the current case and such evidence is relevant to prove identity

Question 11

Cross-Examination

Answer 11

Anything material and relevant is fair game

Question 12

Prior Inconsistent Statements

Answer 12

Admissible both to impeach the witness and, if the witness is available for cross-examination, as substantive evidence

Question 13

Qualification of Experts in Professional Malpractice

Answer 13

Expert must be licensed to practice in the state where he was practicing or teaching at the time of the alleged act or omission

Question 14

Qualification of Experts in Medical Malpractice

Answer 14

Expert must have actively practiced or taught for at least three of the prior 5 years with sufficient frequency to show appropriate knowledge relative to treatment that was alleged to have been performed negligently

Question 15

Basis of Expert Opinions

Answer 15

Inadmissible facts upon which an experts relied should not be disclosed to the jury unless the court determines that their probative value in assisting the jury to evaluate expert’s opinion substantially outweighs their prejudicial effect.

Daubert test applies in civil but not criminal cases

Question 16

Subsequent Remedial Measures

Answer 16

Allows a P to show that the D made repairs to a defective product in order to prove the product was defective in the first place.

Question 17

Sympathy in Medical Malpractices Cases

Answer 17

No statements of sympathy or apology by health care provider or employee is not an admission of liability or an admission against interest. It’s inadmissible.

Question 18

Child’s Description of Sexual Contact

Answer 18

A child under 16 describing any act of sexual contact or physical abuse is admissible if the proponent provides notice to the adverse party prior to trial and the child testifies at trial, unless the adverse party forfeits or waives such child’s testimony and the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements.