Rule #s
Speculation
FRE 602
Speculation
Testimony beyond the witnesses personal knowledge. FRE 602
What is the procedure for using other crimes wrongs and acts in a criminal case?
FRE 404(b)(3)
Provide notice of any such evidence that the prosecutor intends to offer at trial so that the defendant has a fair opportunity to meet it.
Articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose and
Do so in writing before trial (or in any form during trial if the court, for good cause, excuses lack of pretrial notice).
Should you confer with opposing counsel during argument with the court?
No. Arguments made to the Judge, not opposing counsel. If you need to conference something--do it in pretrial and before you ask the judge for a ruling.
Tendering an expert in Quinnipaic, to do or not to do?
Not required.
Refresh Recollection
FRE 612
Hearsay
FRE 801 Out of court statement offered to prove the truth of the matter asserted.
What do you have to do before you impeach a witness with their prior inconsistent statement?
FRE 613(b). offer the chance for witness to explain or deny the statement.
Why would you make an offer of proof?
FRE 103. To preserve error and allow the appellate court to have the benefit of the excluded evidence to make its rulings.
Which exhibits are not subject to pretrial rulings limiting objections?
Exhibits 2, 10, 11, 12, 14, 15, 18, 19, 22.
With respect to the following Exhibits, the Court has overruled objections on all grounds except FRE 401-404, which shall be reserved until the time of trial should either party raise a permitted objection: Ex. 1 (Crime Scene Photos), Ex. 3 (Party Store Receipt), Ex. 5 (Forensic Report), Ex. 6 (Ballistics Report), Ex. 7 (Manning Apartment Photos), Ex. 8a & 8b (Halloween Bag Photo and Physical Bag), Ex. 13 (Liquor Store Receipt), Ex. 16 (Ammo Receipt), Ex. 17 (Jessie Buchanan Bank Record), Ex. 20 (Vietnam Plane Ticket), and Ex. 21 (Custody Relocation Order).
Hearsay
FRE 803 (exceptions)
Prohibited uses of character evidence?
FRE 404
Evidence of person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
Do you have to first disclose the underlying facts or data before offering an expert opinion?
No. FRE 705. But expert may be required to disclose those facts or data on cross examination.
What types of information or documents can you ask the court to take judicial notice of?
FRE 201. Facts not subject to reasonable dispute, because they are generally known within the trial court's territorial jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Dates, time zones, mathematical equations, interest rates, etc.
Which exhibits and testimony are subject to the motion to suppress?
Exhibit 19 (Ring Video): The admissibility of this Exhibit will depend on the Court’s ruling on Defendant’s Motion to Suppress.
From motion: suppress any evidence of the defendant’s compelled testimony given at their sibling’s trial; and suppress any evidence that the defendant’s son, Charlie Brennan (Charlie), was trick-or-treating using a Halloween tote bag with a Sonic the Hedgehog pin on October 31, 2023.
Improper Character Evidence
Standard for relevant prejudicial evidence.
FRE 403. Court may exclude relevant evidence if its probative value is substantially outweighed by a danger of of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
How do you satisfy the requirement of authenticating or identifying an item of evidence (in federal court--outside of Quinnipiac?
FRE 901. Produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Can illustrative aids go back to the jury room?
What day did Donna die?
March 15, 2024 and that all witnesses are aware of this fact.
Judicial Notice
FRE 201
Authentication.
FRE 901. evidence sufficient to support a finding that the item is what the proponent claims it is.
What can an expert rely upon?
FRE 703. facts or data the expert has been made aware of or personally observed.
Recite the business records predicate.
FRE 803(6).
Record made at or near the time
By or from information transmitted by someone with knowledge
Record was kept in the course of a regularly conducted activity of a business, organization, occupation or calling, whether or not for profit;
Making the record was a regular practice of that activity;
No indication that source of information, or the method or circumstances of preparation indicate a lack of trustworthiness
Which exhibits may be offered for admission by either party?
Ex. 4a (Death Certificate), Ex. 4b (Picture of Nash Brennan), and Ex. 9 (Relationship Chart).