ROE
401 (a & b)
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
602
Need for Personal Knowledge: A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness’s own testimony. This rule is subject to the provisions of Rule 703, relating to opinion testimony by expert witnesses.
what are the times for everything, statements, directs, crosses, and total tome, in trial
statements- 14 mins, directs- 25 mins, crosses- 25 mins, total 3 hrs.
State v. Rich
In a criminal case, the burden is proof beyond a reasonable doubt with respect to each and every element of the charged offense(s). The burden is on the State and never shifts to the defendant.
opposing counsel reads a Case Law onto the record before their case and chief begins, what do you do?
ensure that the time is subtracted from either direct or cross time
615 & 603
the constructing swearing in (603) and sequestration of all witnesses (615) excluding party rep of course :)
403
Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons: The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
what are 4 things that must take place before round, every round.
captains meeting, camera set up, affidavits out, pow-wow, ballots filled out, bench organized, etc.
Yu-Oh Industries v. Beckstein Alekri Inc.
Experts should not be expected to include in their reports every basic scientific fact known to lay people and known realities of their expertise that support their conclusion. Similarly, experts should not be expected to include in their reports every underlying fact from a specific document so long as the experts explicitly disclosed that they relied upon that document in forming their opinions and that document was made available to the other party through discovery. Such requirements would lead to expert reports that are hundreds, if not thousands, of pages long.
opposing counsel objects to your demonstrative aid under 403 more preductal than probative, how do you respond.
substantially, goes to weight not admissibility
702
Testimony by Expert Witnesses: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
701 (a, b, & c)
Opinion Testimony by Lay Witnesses: If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
During Pre-trial, when directing witness, when crossing witness, when shown exhibits, when giving statements, when making and giving objections.
America's Best Cookie v. International House of Waffles
The Court recognizes that practices differ in other jurisdictions. But, in Midlands, the definition of “hearsay” includes out-of-court statements by a witness who is on the stand or by another person who has or will be testifying in a particular trial.
What does Prosecution and Defense pretrial entail?
Prosecution: introductions, evoke 603 & 615, ask preferences, read any needed stipulations
Defense: introductions, character evidence forms, needed stipulations
"with that we are ready to proceed to opening statements"
611 (a, b, & c)
Mode and Order of Examining Witnesses and Presenting Evidence
a. Purpose
b. Scope
c. Leading Questions
805
Hearsay Within Hearsay: Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
explain the keys of bench etiquette.
keep the bench clean, have exhibits, case law, ROE, and stipulations available, clean the bench entirely for closing, excluding needed exhibits
State v. Barrow
"Death by 1000 cuts": When a defendant commits a series of actions that may not, in and of themselves, evince a specific intent to kill the victim, that defendant can still be found guilty of murder if the cumulative harm of their actions shows an extreme indifference to the value of human life. For example, if a defendant purposefully or knowingly put poison in someone’s food, that defendant would be guilty of murder. But if, instead, that defendant mistakenly gave someone peanuts when the defendant knew that person had a peanut allergy, that defendant would be guilty of at least negligent homicide and perhaps manslaughter. However, if the defendant gave someone nonfatal doses of a toxic substance every day for an extended period of time and eventually the cumulative toxicity killed the person, the defendant would be guilty of murder under MPC §18-303(A)(2
what are the first things said for statement, direct, and cross
"Your honor, opposing counsel, members of the jury"
"Please state your name spelling your last for the record"
"Good ___ my name is ___ ___ and I am going to ask you a series of questions about your testimony today"
801 (a, b, c, d(2)(a))
Definitions That Apply to This Article; Exclusions from Hearsay (a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. (b) Declarant. “Declarant” means the person who made the statement. (c) Hearsay. “Hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (d) Statements That Are Not Hearsay. (2) An Opposing Party’s Statement. The statement is offered against an opposing party and: (A) was made by the party in an individual or representative capacity;
803 (3, 4)
(3) Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will. (4) Statement Made for Medical Diagnosis or Treatment. A statement that: (A) is made for – and is reasonably pertinent to – medical diagnosis or treatment; and (B) describes medical history; past or present symptoms or sensations; their inception; or their general cause.
A judge tells you to include "may it please the court" in a statement, do you?
Naur Cleo!!!
State v. Singh
Venue and identification of the defendant are necessary elements of every criminal prosecution. Because Midlands does not permit motions for acquittal, the defense closing argument is the proper place to bring it to the court’s attention that the prosecutor has failed to prove these necessary elements of the charged offense.
Your witness is getting improperly impeached how do you respond?
object to hearsay on the grounds of improper impeachment, then make your brief, clean, argument :)