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Topic: Admissibility

	Admissibility of Electronically Filed Federal Records as Evidence
		A duplicate is admissible to the same extent as an original unless (l) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
		Federal Rule of Evidence 104 states in pertinent part: (a) Questions of admissibility generally Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provision of subdivision (b).
		In laying a proper foundation for admissibility of electronically filed evidence, Federal records managers or custodians, or personnel involved in the preparation, maintenance and handling of such records, are subject to being selected as witnesses for the government.
	www.lectlaw.com /files/crf03.htm (3641 words)

	Criminal Resource Manual 288 Admissibility at Trial
		The question whether hypnotically refreshed evidence is admissible at trial is still an open one in many jurisdictions, and is regulated by statute in a number of States.
		In those jurisdictions in which the question of admissibility is unsettled, a foundation concerning the reliability of hypnosis is necessary.
		The question of the admissibility at trial of testimony refreshed or unlocked by pre-trial hypnosis is to be contrasted with the generally accepted inadmissibility at trial of out-of-court statements made while under hypnosis.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm00288.htm (593 words)

	Rome Statute - Part 2. Jurisdiction, Admissibility and Applicable Law
		The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2.
		Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).
		Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber.
	www.un.org /law/icc/statute/99_corr/2.htm (4245 words)

	[No title] (Site not responding. Last check: 2007-10-14)
		Moore was the first case in Montana to present the admissibility of forensic DNA analysis evidence to the Supreme Court.
		Again, the Supreme Court agreed with the trial judge's conclusion that Moore's challenges went to the weight, not the admissibility, of this type of DNA test, and cited a 1993 Oregon case holding that the PCR method is appropriate for forensic use despite the potential for contamination of samples to be tested.
		Certainly, if a court is presented with an issue concerning the admissibility of novel scientific evidence, as was the case in both Moore and Cline, the court must apply the guidelines set forth in Daubert, while adhering to the principle set forth in Barmeyer.
	www.umt.edu /lawinsider/class/ford/sciEv.htm (4146 words)

	American Law Reports ALR3d (Site not responding. Last check: 2007-10-14)
		A point of importance to counsel appealing from a decision on the admissibility of voiceprint evidence is whether this determination is purely a matter within the trial court's discretion or whether it is a question of law.
		Indeed, several of the courts denying admissibility have specifically stated that their decisions were not meant to preclude admissibility of voiceprint evidence in the future when additional research might be available concerning the reliability and general acceptance of the voiceprint process.
		Noting that the record in the present case demonstrated that virtually all of the aforementioned safeguards designed to assure reliability and to prevent a misleading of the jury were employed, the court concluded that it was not error to have admitted voiceprint evidence against a defendant charged and convicted of violations of federal narcotics laws.
	www.law-forensic.com /voiceprint_1.htm (8073 words)

	Rudman & Winchell Counselors at Law - Maine Law Review (Site not responding. Last check: 2007-10-14)
		They testified at preliminary admissibility proceedings that use of speech spectrograph voice identification was unreliable in forensic situations and that such evidence was not admissible because the scientific community had not "generally accepted the speech spectrograph as a scientifically reliable method of voice identification."
		Admissibility of scientific evidence requires at a minimum: (1) a qualified expert, (2) testifying to a theory whose reliability has been established by sufficient scientific testing, (3) applied correctly to the facts of the case.
		admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b).
	www.rudman-winchell.com /mlr46-2.htm (15981 words)

	Animators at Law: Trial Exhibits, Jury Research, Animation and Trial Technology
		The standard of admissibility is very strict for simulations because of their substantive nature.
		The choice of expert is critical to the credibility of the case and therefore has an immense impact on the admissibility of the animation.
		In order to ensure admissibility, one must identify the expert who will be testifying on behalf of the animation, the producer of the animation itself, the hardware and software used to construct the animation, and all data used to create the animation.
	www.animators.com /aal/pressarticles/legaltimes2.html (1420 words)

	Nelson E. Jiménez v. Colombia, On Admissibility, Report No. 4/97, Inter-Am.C.H.R.,OEA/Ser.L/V/II.95 Doc. 7 rev. ...
		The premise underlying that formula is that the Commission cannot revise judgments handed down by the national courts acting within their sphere of competence and with due judicial guarantees, unless it believes that a possible violation of the Convention is involved.
		The Commission is competent to declare a petition admissible and rule on its merits when it relates to a claim alleging that a national court's judgment was pronounced without due process or in violation of some other right guaranteed by the Convention.
		Based on its examination of the petition, the Commission concludes that facts have not been adduced which tend to establish a violation of the principle of legality and retroactivity or of the right to due process or the right to a defense as alleged by the petitioner.
	www.umn.edu /humanrts/cases/1996/colombia4-97.htm (1908 words)

	Diaz et al. v. Colombia, Case 11.227, Report No. 5/97, On Admissibility, Inter-Am.C.H.R.,OEA/Ser.L/V/II.95 Doc. 7 rev. ...
		The State has also argued that the claim of the petitioners is inadmissible for failure to meet the technical requirements for the admissibility of a petition set forth in articles 46 and 47 of the Convention and article 32 of the Regulations of the Inter-American Commission on Human Rights (the "Regulations of the Commission").
		The petition is therefore admissible, pursuant to Article 47(b) of the Convention, on the grounds that the petitioners have stated facts which would tend to establish multiple violations of the Convention.
		The Court has established that, under these circumstances, an objection to admissibility by a State on the grounds of failure to exhaust domestic remedies may be rejected [34].
	www.umn.edu /humanrts/cases/1996/colombia5-97.htm (6838 words)

	Expert Witness Opinion Admissibility Checklist available (Site not responding. Last check: 2007-10-14)
		Fail to ask the expert to testify about items in the Admissibility Checklist, and you may find yourself in the hallway outside the courtroom trying to explain to the client why you no longer have a case to get to the jury.
		Now here is the real kicker, that can rise up when you do not expect it — if there is no foundation in the record, the trial court after the close of the evidence can reverse itself and can strike the expert’s opinion as having no foundation.
		I repeat, a ruling as to the admissibility of expert testimony can come not only before or during the admission of evidence, but also during a motion for directed verdict or during a post-trial motion.
	www.lawyertrialforms.com /EX0709_expert_opinion_admissibility.htm (1148 words)

	evidence and admissibility: what gets in and what doesn't
		For evidence to be admissible, it must pass a test (or tests) of admissibility.
		To further enhance the likelihood that, upon challenge by opposing counsel on the basis of admissibility or relevance, you might use such charts, posters or diagrams during your direct testimony, you should consider showing them to the patient during your report of findings in order to help them understand their injuries.
		When the treating physician has shown the materials to the patient as part of the report of findings, the plaintiff attorney can often effectively argue that the materials are a substantive part of the case and are, therefore, both relevant and material.
	www.chiroweb.com /archives/17/08/01.html (1115 words)

	Admissibility (Site not responding. Last check: 2007-10-14)
		It is known that we have admissibility for a range of coefficients if the obstacle is convex:
		In particular, we have admissibility in the conformal case.
		Admissibility is not known, however, if the obstacle is not convex.
	www.math.gatech.edu /~metcalfe/THESIS/sld011.htm (37 words)

	Court of Criminal Appeals remands question of admissibility of statement taken out-of-state to Court of Appeals [Vega ...
		Because appellant was a juvenile at the time she gave her statement, its admissibility must be determined under Title 3 of the Family Code.
		Traditional conflict-of-law principles prescribe that issues that are strictly procedural in nature are governed by the laws of the forum state, whereas issues that are substantive in nature require an analysis of which state has the most significant relationship with the communication in question.
		See Dawson, supra at 44 (suggesting that section 8 of article 38.22 "effectively abrogates [court of appeals' decision in] Vega, but leaves unchanged the possibility that a court may follow Vega in a juvenile case in which the child was not certified to criminal court for prosecution as an adult").
	www.tjpc.state.tx.us /publications/reviews/02/02-3-15.htm (2383 words)

	ecdp1039 - IIM - Statements - Statement Admissibility
		Horvath court decision, the admissibility of a statement was broadened in the sense that it was from "an operating mind" (having free choice).
		While the conversations in that case were deemed to be admissible, it was a qualified exception to the rule.
		No statement of an accused is admissible unless it is shown by the prosecution to have been a voluntary statement, in the sense that it was not obtained from him by "fear or hope of advantage, exercised or held out to him, directly or indirectly by a person in authority".
	www.rcmp-learning.org /iim/ecdi1039.htm (4997 words)

	Clemency Manual - Chapter Five
		In 1992, the Michigan Court of Appeals held that expert testimony on the BWS is admissible in cases where domestic violence was a factor in the commission of an offense.
		Christel limited the admissibility of expert testimony on the BWS in a case where the battered woman was a witness (not a defendant) against her assailant.
		When a battered woman is accused of killing her assailant, the degree to which expert testimony should be admissible to show her state of mind is a subject of some controversy yet today.
	www.umich.edu /~clemency/clemency_manual/manual_chapter05.html (1635 words)

	Admissibility - Wikipedia, the free encyclopedia
		Admissible evidence, evidence which may be introduced in a court of law.
		Admissible decision rule, in decision theory, a rule which is never dominated.
		Admissible rule, in logic, a type of rule of inference.
	en.wikipedia.org /wiki/Admissibility (97 words)

	Admissibility of Evidence
		Competent evidence is admissible as fit and appropriate proof in a particular case.
		But evidence that he was driving at 60 miles per hour a moment before at a point very close to where he was apprehended would be admissible, because there is reasonable probability that his speed was maintained.
		Similarly, in a case involving drunkenness, it may be shown that the accused had been drinking shortly before the time specified, but a statement that the accused often was drunk in the past would not be admissible.
	www.tpub.com /maa/37.htm (1470 words)

	IMMIGRATION INVESTIGATIONS AND ADMISSIBILITY HEARINGS (Site not responding. Last check: 2007-10-14)
		Admissibility hearings are similar to court hearings and are generally open to the public.
		Like a judge, a member of the Immigration Division presides over the admissibility hearing and listens to evidence presented by an officer representing the Minister, the person in question and his or her representative if there is one.
		If the person is admissible, he or she is allowed to enter or remain in Canada.
	www.cbsa-asfc.gc.ca /newsroom/factsheets/2004/0311IAHearings-e.html (764 words)

	The Evolving Standards of Admissibility of Scientific Evidence (Site not responding. Last check: 2007-10-14)
		One clear byproduct of Daubert is that trial judges, in discharging their gatekeeper role, are conducting more in limine hearings to assess the genuineness of scientific claims despite the risk that admissibility may turn on a highly subjective determination by a trial judge who may not be technically competent to choose between competing scientific theories.
		At least one circuit court concerned about "the enormous power [of a trial court] to foreclose submission of a party’s case to a jury on the basis of a threshold determination of nonreliability of opinion evidence," has opted to take a "hard look" at the trial court’s exercise of discretion.
		Both trial judges, as gatekeepers of admissibility, and appellate judges, as definers of the standards of proof, will be required to acquire new learning in fields unfamiliar to them.
	www.abanet.org /genpractice/lawyer/bestof/spr98/walsh.html (1166 words)

	SWGGUN Admissibility Resource Kit
		Admissibility standards being applied to forensic science disciplines are creating new challenges for the individual analysts when providing expert witness testimony.
		Under the Frye test, such expert testimony was admissible only if the principles on which it was based had been "generally accepted" by the scientific community.
		While some of the issues expressed in these cases regarding the qualifications of the individual examiner and the application of the scientific procedures may have merit, the scientific principles and the basis for which opinions are expressed in the field of Firearm and Toolmark Identification remain well founded.
	www.swggun.org /resources/resourcekit.htm (1746 words)

	THE ADMISSIBILITY OF EVIDENCE OF OTHER WRONGFUL ACTS IN INSURANCE LITIGATION: THE APPLICATION OF THE FEDERAL RULES OF ...
		402 states that all relevant evidence is admissible, unless excluded by one of the other rules.
		404(a) states that “character evidence” is not admissible to prove “action in conformity therewith,” with certain exceptions for proving the character of an “accused” or “victim” or for impeaching a witness.
		for use of “extrinsic evidence.” Admissibility required that the evidence have relevance to an issue other than the defendant’s character, carry a probative value that was not substantially outweighed by undue prejudice, and depend on proof that the defendant committed the previous act.
	www.thefederation.org /documents/Springer-SU02.htm (5239 words)

	NTLC Legal Issues/Resources - HGN APPENDIX D - HGN State Case Law Summary
		Three main issues regarding the admissibility of the HGN test are set out under each state: evidentiary admissibility, police officer testimony, and purpose and limits of the HGN test results.
		The HGN test is reliable under the Hawaii Rules of Evidence and admissible as “evidence that police had probable cause to believe that a defendant was DUI.” Judicial notice of the “validity of the principles underlying HGN testing and the reliability of HGN test results” is appropriate.
		HGN is scientific and is admissible on a showing of either general acceptance in the scientific community or reliability of the scientific theory.
	www.ndaa.org /apri/programs/traffic/hgn_appendix_d.html (4579 words)

	Peru Petition 136/03 Admissibility
		On the question of the admissibility requirements, its contention was that the petition should be considered inadmissible on the grounds that a criminal case was pending in the domestic criminal courts and, therefore, internal remedies had not yet been exhausted.
		For admissibility purposes, the Commission concludes that the petition does state facts that tend to establish violations of human rights and that the petition is not obviously groundless or patently out of order.
		To declare the present case admissible, which concerns the alleged violation of Articles 4, 8, 25 of the American Convention on Human Rights in connection to Article 1(1).
	www.cidh.org /annualrep/2004eng/Peru.136.03.eng.htm (5230 words)

	Forensic Animation: Turning a Critical Eye Towards Admissibility
		And even though there are well-established guidelines for the admissibility of such exhibits at trial, such as those laid out in Clark v Cantrell (529 S.E.2d 528, S.C. 2000), courts frequently reject the use of animations that fail to measure up.
		While there is an extensive record of court rulings concerning the admissibility of forensic animations, the examples above illustrate that there are practical elements to consider when critiquing a forensic animation.
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	www.expertlaw.com /library/animation/admission_forensic_animation2.html (956 words)

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