Specialized Relevance Rules Flashcards
What is required for evidence of flight?
(1) D’s behavior is flight
(2) Flight is consciousness of guilt
(3) Consciousness of guilt is for this crime
(4) Consciousness of guilt for this crime means actual guilt
Data point for flight
US v. Meyers - didn’t demonstrate evidence of flight when man ran from cops. could have fled for many reasons besides guilt.
What is the rule for probability evidence?
People v. Collins - If mathematics are correct, evidence can be used if they pass 403. If incorrect, automatically unfairly prejudice def.
Stipulations and
Old Chief - stipulations can be used to limit the prejudicial effect of relevant evidence while offering probative value.
Subsequent Remedial Measures rule
Evidence of SUBSEQUENT remedial measures is NOT allowed to prove:
o Negligence;
o Culpable conduct;
o A defect in a product or its design; or
o A need for a warning or instruction
What are examples of when subsequent remedial measures are allowed?
Impeachment, proving ownership, control, or feasibility
Data points for subsequent remedial measures?
FRE 407
Impeachment - (Truer v. McDonald) when using SRM to impeach, must use for credibility purposes only.
Fairness - correction of woodchipper design was used to impeach def. statement that the wood chipper design was the safest one out there (Wood v. Morbark)
Feasibility - (Truer v. McDonald) not allowed b/c doctor didn’t say it was POSSIBLE to restart the machine. Rather, it was unsafe. No feasibility concerns.
What is the rule for admitting settlement issues?
FRE 408
Cannot bring settlement claims or talks during negotiations.
exceptions for admitting settlement issues?
Proving witnesses bias or prejudice
negating a contention of undue delay
proving an effort to obstruct a criminal investigation
data points for settlement issues?
Bankcard - settlement talks from previous case were allowed because it shows that one party lulled the other into breach.
What is the rule for offers to pay expenses?
cannot use offers to pay for expenses.
However, can use admissions made before settlement.
Rule for liability insurance
FRE 411
can’t use evidence of whether a person was or was not insured.
data points for liability insurance
Williams v. McCoy - Car accident where def. claimed plaint. was litigious b/c she hired a lawyer. Allowed to enter evidence that def.’s claim adjuster pressured her to settle so that’s why she hired the lawyer.
Robertson v. Netherton - Def. and expert had same mutual insurance plan plaint. offered to show bias. Could be in but ruled out b/c 403 analysis.
rule for Criminal plea discussions?
FRE 410 - Generally out unless;
1) for fairness if another statement for the same pleas has been entered
2) perjury
Criminal plea data points
US V. Biaggi - government offered Mariotti immunity in exchange for information, he said no, then he offered this to show his consciousness of innocence, not excluded under 410 and allowed under 403 because probative value so high and prejudice to gov’t so low
