Title IX Hearings
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4.08 “Open Door” Evidence (1) a Party
4.08 “Open Door” Evidence (1) A party may “open the door” to the introduction by an opposing party of evidence that would otherwise be inadmissible when in the presentation of argument, cross-examination of a witness, or other presentation of evidence the party has given an incomplete and misleading impression on an issue. (2) A trial court must exercise its discretion to decide whether a party has “opened the door” to otherwise inadmissible evidence. In so doing, the trial court should consider whether, and to what extent, the evidence or argument claimed to “open the door” is incomplete and misleading and what, if any, otherwise inadmissible evidence is reasonably necessary to explain, clarify, or otherwise correct an incomplete and misleading impression. (3) To assure the proper exercise of the court’s discretion and avoid the introduction of otherwise inadmissible evidence, the recommended practice is for a party to apply to the trial court for a ruling on whether the door has been opened before proceeding forward, and the court should so advise the parties before taking evidence. Note Subdivisions (1) and (2) recite the long-settled “open door” principle in New York, as primarily explained in People v Melendez (55 NY2d 445 [1982]); People v Rojas (97 NY2d 32, 34 [2001]); People v Massie (2 NY3d 179 [2004]); and People v Reid (19 NY3d 382 [2012]). Melendez dealt with the issue of whether the defense had opened the door to permit the prosecutor to explore an aspect of the investigation that would not otherwise have been admissible. The Court began by noting that, when an “opposing party ‘opens the door’ on cross-examination to matters not touched upon during the direct examination, a party has the right on redirect to explain, clarify and fully elicit [the] question only partially examined on cross-examination.” (Melendez at 451 1 [internal quotation marks and citation omitted].) Argument to the jury or other presentation of evidence also may open the door to the admission of otherwise inadmissible evidence. -
Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence with Apparent Exculpatory
Cleveland State Law Review Volume 48 Issue 2 Article 6 2000 Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose or Destroy Evidence with Apparent Exculpatory Elizabeth A. Bawden Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Criminal Law Commons, and the Evidence Commons How does access to this work benefit ou?y Let us know! Recommended Citation Elizabeth A. Bawden, Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose or Destroy Evidence with Apparent Exculpatory, 48 Clev. St. L. Rev. 335 (2000) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol48/iss2/6 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. HERE TODAY, GONE TOMORROW - THREE COMMON MISTAKES COURTS MAKE WHEN POLICE LOSE OR DESTROY EVIDENCE WITH APPARENT EXCULPATORY VALUE ELIZABETH A. BAWDEN1 I. INTRODUCTION .................................................................... 336 II. CALIFORNIA V. TROMBETTA................................................... 338 III. ARIZONA V. YOUNGBLOOD..................................................... 339 IV. APPLICATION OF TROMBETTA ............................................... 341 V. APPLICATION OF YOUNGBLOOD............................................ 342 VI. WHAT CONSTITUTES APPARENT EXCULPATORY -
Developments in Character Evidence, Cross-Examination Rules, and Prior Consistent Statements Jeffrey Cole
CORE Metadata, citation and similar papers at core.ac.uk Provided by Chicago-Kent College of Law Chicago-Kent Law Review Volume 56 | Issue 1 Article 11 April 1980 Evidence: Developments in Character Evidence, Cross-Examination Rules, and Prior Consistent Statements Jeffrey Cole Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Jeffrey Cole, Evidence: Developments in Character Evidence, Cross-Examination Rules, and Prior Consistent Statements , 56 Chi.-Kent L. Rev. 279 (1980). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol56/iss1/11 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected]. EVIDENCE: DEVELOPMENTS IN CHARACTER EVIDENCE, CROSS-EXAMINATION RULES, AND PRIOR CONSISTENT STATEMENTS JEFFREY COLE* Practically the whole body of the law of evidence governing ... tri- als in the federal courts has been judge-made .... Naturally these evidentiary rules have not remained unchanged. They have adapted themselves to progressive notions of relevance in the pursuit of truth through adversary litigation, and have reflected dominant concep- tions of standards appropriate for the effective and civilized adminis- tration of law.' With characteristic eloquence, Mr. Justice Frankfurter once ob- served that the "rules of evidence for. trials in the federal courts are made a part of living law and [are] not treated as a mere collection of wooden rules in a game." 2 Rather, they "are adopted for practical pur- poses in the administration of justice, and must be so applied, as to 3 promote the ends for which they are designed." The force of these penetrating observations has not been dulled either by time's attrition or by Congress' adoption of the Federal Rules of Evidence in 1975. -
Character Evidence—How to Get It In
1. Need Help ASAP! Character Evidence in Trial Partner and I in trial. Client is charged with manslaughter for recklessly causing a death in operation of a ten-wheeler. Judge is prohibiting testimony about the defendant's character for safety and being a conscientious truck driver. If you have a case handy, please respond, re: offering good character evidence as to conscientious character of the driver by former employers. David Moore 2. RE: Need Help ASAP! Character Evidence in Trial His propensity for safety is not general character evidence. It's pertinent character- trait evidence. A character-trait is pertinent if it is a trait involved in the offense charged or in a defense raised. See Spector v. State, 746 S.W.2d 946, 950 (Tex. App. Austin 1988, pet. ref.), and Stitt v. State, 102 S.W.3d 845, 849 (Tex. App. Texarkana 2003, pet. ref.) Michael Mowla 3. RE: Need Help ASAP! Character Evidence in Trial In In re G.M.P., 909 S.W.2d 198, 207-08 (Tex. App.???Houston [14th Dist.] 1995, no writ, the court said: 3. Exclusion of Reputation Testimony In his fourth point of error, appellant contends the trial court erred in excluding character testimony concerning his reputation. Appellant attempted to present testimony by the mother of one of his friends that he had a reputation in the community for the "safe and moral treatment of children." The State objected, and the trial court sustained the objection, refusing to allow appellant to present ??[**23]?? the reputation testimony to the jury. However, the trial court did allow appellant to present the testimony in a bill of exception. -
The Australian Priest-Penitent Privilege: Are They Protected?
Journal of Politics and Law; Vol. 6, No. 4; 2013 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education The Australian Priest-Penitent Privilege: Are They Protected? Patrick van Esch1 & Linda Jean van Esch2 1 School of Law, Charles Darwin University, Northern Territory, Australia 2 Western Australian School of Mines, Faculty of Science & Engineering, Curtin University, Perth, Australia Correspondence: Patrick van Esch, School of Law, Charles Darwin University, Ellengowan Drive, Casuarina, NT 0810, Australia. Tel: 61-8-8946-6666. E-mail: [email protected] Received: August 5, 2013 Accepted: August 23, 2013 Online Published: November 29, 2013 doi:10.5539/jpl.v6n4p90 URL: http://dx.doi.org/10.5539/jpl.v6n4p90 Abstract In Australia, the extent of the priest-penitent privilege has received much attention recently due to the appointment of a Royal commission into institutional responses to child sexual abuse in 2012. At present, only five (5) Australian jurisdictions provide statutes for some form of privilege to protect certain types of communications between clerics and individuals. The other jurisdictions rely on case law where it is deemed that the priest-penitent privilege does not apply, but this belief is yet to be tested. In an attempt to abide by their religious laws, and depending on the their particular denomination, clerics may be entitled, not obliged to refuse divulging subject matter from religious confessions, even if a confession was made or not. Keywords: priest-penitent privilege, the evidence acts, religious law, professional communications privilege, case law, state law, cleric 1. Introduction With the sanctity of the confessional being challenged in an increasingly secular world, it is becoming more likely that a religious cleric may be called to give evidence in a court of law; irrespective of any understanding towards the cleric’s ethical and religious obligations. -
Probate and Property (35:01)
THE COVID-19 ISSUE EFFECT OF THE COVID-19 REMOTE INK NOTARIZATION EVICTIONS AND THE VOL 35, NO 1 VIRUS ON COMMERCIAL LEASE AND REMOTE WITNESSING COVID-19 PANDEMIC JAN/FEB 2021 TRANSACTIONS DURING THE PANDEMIC A PUBLICATION OF THE AMERICAN BAR ASSOCIATION | REAL PROPERTY, TRUST AND ESTATE LAW SECTION SO MANY HAVE DIED COVID-19 in America’s Nursing Homes The Section is excited to announce the RPTE Book Club. The RPTE Book Club is a lecture and Q&A Series with the authors. Each series will be a different book title within the legal field. THE COLOR OF LAW A Forgotten History of How Our Government Segregated America Join RPTE along with author Richard Rothstein as he discusses how segregation in America is the byproduct of explicit government policies at the local, state, and federal levels along with a Q&A session. Wednesday, February 24, 2021 12-1 PM CT The first 100 registrants will receive a copy of the book with their registration fee. Register at ambar.org/rptebookclub PROFESSORS’ CORNER PROFESSORS’ CORNER A monthly webinar featuring a panel of professors addressing recent cases or issues of relevance to A monthlypractitioners webinar and featuring scholars ofa panel real estate of professors or trusts addressing and estates. recent FREE cases for RPTE or issues Section of relevance members to! practitioners and scholars of real estate or trusts and estates. FREE for RPTE Section members! Register for each webinar at http://ambar.org/ProfessorsCornerRegister for each webinar at http://ambar.org/ProfessorsCorner WILLS IN THE 21ST CENTURY: TOWARDS THE SECURE ACT: RETIREMENT PLANNING SENSIBLE APPLICATION OF FORMALITIES AND MONETARY EXPECTATIONS THE LEGACIES OF RACIAL RESTRICTIVE MOORE ON POWELL AND I.R.C. -
TAKING a STAND AGAINST SUBPOENAS to FORMER EMPLOYERS Labor & Employment Section Chairs: Tammie L
THE HILLSBOROUGH COUNT Y BAR ASSOCIATION TAMPA, FLORIDA | DECEMBER 2010 - JANUARY 2011 Lawyer VOL. 21, NO. 3 TAKING A STAND AGAINST SUBPOENAS TO FORMER EMPLOYERS Labor & Employment Section Chairs: Tammie L. Rattray, Ford & Harrison LLP, and Steven M. Bernstein, Fisher & Phillips, LLP oppose these after-acquired subpoenas. evidence defense. The most This defense common allows employers arguments to use evidence opposing these of wrongdoing subpoenas on the part of a are based on plaintiff that the overbreadth, employers learn relevance, of after-the-fact and that the to limit damages recurring practice information sought awardable to we see over and over is not reasonably plaintiffs.2 Many again as plaintiffs’ calculated to lead courts will not A employment lawyers to discovery of permit defendants when litigating employment admissible The key to remember to obtain this discrimination cases is the evidence. For in evaluating information, defendants’ attempt to use example, when especially early non-party subpoenas to obtain a defendant non-party subpoenas on in discovery, irrelevant, confidential and broadly requests is whether the without some an employee’s pre-existing private personnel information information actually from plaintiffs’ former employers. entire personnel factual basis Not only do plaintiffs find these file from a former sought will lead to showing that subpoenas overly intrusive and employer, this admissible evidence. after-acquired an invasion of privacy, but they is exceedingly evidence exists.3 fear that these subpoenas interfere overbroad and The mere with their future job opportunities. typically seeks possibility or Defendants use non-party irrelevant information. In these belief by defendants that after- subpoenas to pry into plaintiffs’ situations, undoubtedly plaintiffs acquired evidence may exist is pasts without regard to relevance should attack the subpoena.1 not sufficient. -
Structuring Pre-Plea Criminal Discovery Daniel S
Journal of Criminal Law and Criminology Volume 107 | Issue 1 Article 1 Winter 2017 Structuring Pre-Plea Criminal Discovery Daniel S. McConkie Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Recommended Citation Daniel S. McConkie, Structuring Pre-Plea Criminal Discovery, 107 J. Crim. L. & Criminology (2017). https://scholarlycommons.law.northwestern.edu/jclc/vol107/iss1/1 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. 1. MCCONKIE 4/6/2017 7:01 PM 0091-4169/17/10701-0001 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 107, No. 1 Copyright © 2017 by Daniel S. McConkie Printed in U.S.A. CRIMINAL LAW STRUCTURING PRE-PLEA CRIMINAL DISCOVERY DANIEL S. MCCONKIE* Ninety-seven percent of federal convictions come from guilty pleas.1 Defendants rely on prosecutors for much of the information about the government’s case on which the decision to plead is based. Although federal prosecutors routinely turn over most necessary discovery to the defense, the law does not generally require them to turn over any discovery before the guilty plea. This can lead to innocent defendants pleading guilty and to guilty defendants pleading guilty without information that could have affected the agreed-upon sentence. This Article argues that the lack of a judicially enforceable pre-plea discovery regime flouts structural protections that due process is supposed to provide. Defendants who plead not guilty and go to trial get a jury to adjudicate guilt and a judge to preside over the proceedings and pronounce sentence. -
Character Evidence
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2001 Character Evidence Paul C. Giannelli Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Evidence Commons, and the Litigation Commons Repository Citation Giannelli, Paul C., "Character Evidence" (2001). Faculty Publications. 209. https://scholarlycommons.law.case.edu/faculty_publications/209 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. kJ!CO S78 ,AilS" PBz I N .::.. I JrAt:J(I Vol. 23, No.1 January 2001 CHARACTER EVIDENCE Paul C. Giannelli Albert J. Weatherhead Ill & Richard W Weatherhead Professor of Law, Case Western Reserve University Ohio Rule 404(A) governs the circumstantial use of char ration, plan, knowledge, identity, or absence of mistake or acter evidence, i.e., the admissibility of evidence of a char accident This subject will be discussed in the next issue. acter trait to prove that a person acted in conformity with that trait on a particular occasion (character-as-proof-of POLICY PROHIBITING CHARACTER & conduct). OTHER-ACTS EVIDENCE This use of character is sometimes referred to as Although character evidence may be probative in some "propensity'' or "disposition" evidence. See State v. Curry, 43 cases, it is generally excluded because it "usually is laden Ohio St2d 66, 68, 330 N.E.2d 720 (1975) ("propensity or in with the dangerous baggage of prejudice, distraction, and clination to commit crime"); State v. -
36 FEDERAL SUPPLEMENT, 2D SERIES UNITED STATES Of
1196 36 FEDERAL SUPPLEMENT, 2d SERIES 3. Criminal Law O700(2.1) UNITED STATES of America, Plaintiff, When district court is conducting pre- v. trial review of question whether exculpatory Jeffrey SUDIKOFF & Edward material in possession of prosecutor is re- Cheramy, Defendants. quired to be disclosed to defendant, govern- No. CR 97–1176 DDP. ment is required to disclose all evidence re- lating to guilt or punishment which might United States District Court, reasonably be considered favorable to defen- C.D. California. dant’s case, which is admissible or likely to March 2, 1999. lead to admissible favorable evidence. 4. Criminal Law O700(3) Defendants were charged with criminal Exculpatory information in possession of securities fraud. They moved for discovery of prosecutor, required to be turned over to information regarding negotiations leading to defendant under Brady, did not include inad- agreement of accomplice to testify in return missible evidence that would not lead to ad- for leniency. The District Court, Pregerson, J., held that: (1) exculpatory information in missible evidence, even though evidence in possession of prosecutor, required to be question would assist defendant in prepara- turned over to defendant under Brady, did tion of defense. not include inadmissible evidence that would 5. Criminal Law O700(4) not lead to admissible evidence; (2) any varia- tions in accomplice witness’ proposed testi- Any variations in an accomplice witness’ mony, from earlier statements made to au- proposed testimony, from earlier statements thorities, was required to be disclosed; (3) made to authorities, could be considered fa- information that revealed process by which vorable to the defense and the existence of accomplice witness and government reached such differences should be disclosed under leniency agreement was required to be dis- Brady. -
Policy Prohibiting Sexual Harassment and Sexual Misconduct
Policy Prohibiting Sexual Harassment and Sexual Misconduct General Description Policy Summary: Trinity University does not discriminate on the basis of sex in the University’s education program or activities, and is required by law, including Title IX and 34 CFR Part 106 and Title VII of the Civil Rights Act of 1964 not to discriminate in such a manner. This requirement to not discriminate extends to admission and employment. Inquiries about the application of Title IX and 34 CFR Part 106 and Title VII of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964 to Trinity University can be referred to the Title IX Coordinator or to the Assistant Secretary of the US Department of Education. Trinity University’s Policy Prohibiting Sexual Harassment and Sexual Misconduct provides information about options and obligations for reporting Sexual Harassment and Sexual Misconduct, as well as information about rights, resources, response, investigation, and resolution of reports and complaints. Other forms of discrimination on the basis of sex are handled under the University’s Anti-Harassment Policy. Purpose: To outline the rights and responsibilities of members of the University community as it relates to matters of Sexual Harassment and Sexual Misconduct and to describe the process for receiving, responding to, and resolving reports of Sexual Harassment and Sexual Misconduct. Scope: This policy applies to faculty, staff, and students, as well as third-parties within the University’s control (such as contractors, volunteers, visitors, etc.), regardless of where the incident(s) took place. Exceptions: The University reserves the right to make exceptions to the process outlined in this policy when the Title IX Coordinator or designee determines it is in the best interest of the University, necessary for the safety or welfare of the University community, or to comply with the University’s legal obligations. -
Cour Internationale International Criminal Court
ICC-01/04-02/06-1159 09-02-2016 1/15 EK T Cour Pénale i^/_I_7v>^| Internationale m* International Criminal Court Original: English No.: ICC-01/04-02/06 Date: 9 February 2016 TRIAL CHAMBER VI Before: Judge Robert Fremr, Presiding Judge Judge Kuniko Ozaki Judge Chang-ho Chung SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAG AND A Public Decision on Defence preliminary challenges to Prosecution's expert witnesses No. ICC-01/04-02/06 1/15 9 February 2016 ICC-01/04-02/06-1159 09-02-2016 2/15 EK T Decision to be notified, in accordance with Regulation 31 of the Regulations of the Court, to: The Office of the Prosecutor Counsel for Bosco Ntaganda Ms Fatou Bensouda Mr Stéphane Bourgon Mr James Stewart Mr Luc Boutin Ms Nicole Samson Legal Representatives of Victims Legal Representatives of Applicants Ms Sarah Pellet Mr Dmytro Suprun Unrepresented Victims Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for The Office of Public Counsel for the Victims Defence Ms Paolina Massidda States' Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Mr Herman von Hebel Victims and Witnesses Unit Detention Section Mr Nigel Verrill Victims Participation and Reparations Others Section No. ICC-01/04-02/06 2/15 9 February 2016 ICC-01/04-02/06-1159 09-02-2016 3/15 EK T Trial Chamber VI ('Chamber') of the International Criminal Court ('Court'), in the case of The Prosecutor v. Bosco Ntaganda, having regard to Articles 64 and 69 of the Rome Statute ('Statute') and Regulation 44 of the Regulations of the Court, issues this 'Decision on Defence preliminary challenges to Prosecution's expert witnesses'.