On April 6, 2006, Ronell Gilliam and a black man wearing a blue top got into a physical fight with others in the Bronx. People v. Hemphill at 472. Shortly after that fight, this other man pulled a gun and opened fire. Id. This shooting caused a stray...
evidence
(LIIBULLETIN preview)
At about 8:00 a.m. on December 31, 1989 police officers Dale Edwards, Lt. Barnett, and others responded to a report regarding an elderly woman who had been assaulted, raped, and robbed by a man who forced his way into her home. State v. Holmes, 361 S.C....
(Wex page)
In contrast to admissible evidence, inadmissible evidence is evidence that may not be introduced to a factfinder (usually the judge or jury) to prove the party’s claim. Fed. R. Evid. 103(d).
The Federal Rules of Evidence,...
(Wex page)
Insufficient evidence is the evidence which fails to meet the burden of proof and is inadequate to prove a fact. In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the...
(Wex page)
Life expectancy is a calculation of the amount of time a person is expected to live, often using actuarial tables based upon multiple factors like age, health, origin, wealth, or gender. Life expectancy arises in many legal circumstances...
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Marital privilege, also known as spousal privilege, is recognized by the law of evidence and the Supreme Court to protect private spousal communications and prevent any testimony against a spouse from being used in judicial proceedings....
(LIIBULLETIN preview)
In 2009, Petitioner Edward G. McDonough served as the Democratic Commissioner of the Rensselaer County Board of Elections. McDonough v. Smith, at 263. During this time, several individuals associated with the Democratic and Working Families Parties...
(LIIBULLETIN preview)
On April 29, 2001, Detroit police officers found Anthony Covington lying on the ground next to his car in a gas station, with a gunshot wound in his abdomen. Covington, in response to the officers’ immediate questions about what happened, replied that...
(Wex page)
The MIMIC Rule refers to the purposes for which a court will allow the introduction of evidence of prior crimes, wrongs, or actions of a defendant. Federal Rule of Evidence Rule 404(b) prohibits the use of such evidence for the purpose of...
(Wex page)
A mistake of fact is a mistake about a material factual element or mistaken belief other than a mistake of law. Examples include erroneous beliefs about the meaning of a legal term or about the identity of some person.
In...