Stuff that is not allowed Flashcards
What is the Pena Rodriguez rule
you can admit evidence of what happened in jury room if there was racism
what is the Abel rule
bias is always relevant and we love any avenue it takes to get admitted
does pretrial motion in limine preserve an objection for appellate review
no. To obtain review of a claim of improper impeachment by prior conviction, the defendant must have testified at trial.
Non mirandized post arrest statements can be used to impeach if accused testifies and says the opposite
yes – he opened the door
can we use unconstitutionally obtained evidence if ∆ opens the door with inconsistent testimony
yes. Unconstitutionally obtained physical evidence is admissible to impeach a ∆ who testifies in a way inconsistent with the physical evidence
is post miranda silence admissible
no
daubert rule
Expert testimony doesn’t come in unless based on a reliable technique
hillman rule for statements of intent
statements of intent to do something in the future are admissible under hearsay exception for then-existing state of mind
are prisoners unavailable witnesses
no. Federal prosecutors can go get a prisoner anywhere in the country – they aren’t unavailable witnesses
Williamson rule for statement against interest
Statement can’t be admissible as a statement against interest unless each part is indeed self-inculpatory
Crawford and Davis
- Testimonial hearsay is not admissible unless there is a chance for cross examination
- Testimonial = statement to cop, formal proceeding, affidavit
- Doesn’t apply to civil, only applies to trials
- Davis: ongoing emergency exception
Bruton rule
- Post arrest statement by one co-∆ implicating today’s ∆s is not admissible without cross
does killing a guy mean you waive your confrontation right
no. Confrontation rights aren’t forfeited by wrongdoing unless there’s specific intent to silence a trial witness
incidental recording exception for best evidence
- Best evidence doctrine only requires the original if someone wants to discuss its contents
- People can always testify about what they saw or heard even if they wrote it down
