General Mixed Questions

Question 1

what is the party-opponent in possession of original doc. exception to the best evidence rule?

Answer 1

Court may admit other evidence of content when a party against whom original would be offered:
1. had control of original
2. was put on notice that original would be subject of proof at trail
AND
3. failed to produce original

Question 2

Can a D waive protections against the admissibility of statements made during settlement or plea negotiations?

Answer 2

Yes, a D may waive this protection, just like any other privilege - if the waiver is made knowingly and voluntarily.

Question 3

In a homicide case when can a prosecutor introduce offer evidence of the victims peaceful character?

Answer 3

To rebut evidence offered by the D that the victim was the first aggressor.