ROE
603 AND 615
Rule 603. Oath or Affirmation to Testify
Before testifying, a witness shall be presumed to have been sworn in, by an oath or affirmation to
testify truthfully administered in a form designed to impress that duty on the witness’s conscience
Rule 615. Excluding Witnesses.
At a party’s request, the court must order witnesses constructively excluded so that they cannot hear
other witnesses’ testimony. But this rule does not authorize constructively excluding:
(a) a party who is a natural person;
(b) an officer or employee of a party that is not a natural person, after being designated as
the party’s representative;
(c) omitted; or
(d) a person authorized by a statute provided in the case materials to be present.
Comment: This rule does not permit the actual exclusion of students portraying witnesses.
Rather, it allows for the constructive exclusion of some witnesses
702
Rule 702. Testimony by Expert WitnessesA 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:
(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 has reliably applied the principles and methods to the facts of the case
What are the time limits for rounds? (Direct time, cross time, statements, total trial time)
25 mins, 25 mins, 14 mins, 3 hours
State v. Singh (2019)
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.
When is it appropriate to stand in trial?
Everyone: When the judge walks into the room
Attorneys: When opposing counsel is showing you evidence, when making objections, when saying “no objections”, whenever the judge is speaking to you and you must respond (even if it’s only to say yes or no)
Opinion by a Lay Witness
701
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
Richards v. Mississippi BBQ (1997)
MRE 703 does not permit experts to testify or present a chart in a manner that simply summarizes inadmissible hearsay without first relating that hearsay to some specialized knowledge on the expert’s part. The Court must distinguish experts relying on otherwise inadmissible hearsay to form scientific conclusions from conduits who merely repeat what they are told. The testimony of the former is admissible; that of the latter is not. At the same time, statements that would otherwise be admissible are not inadmissible simply because they are offered by or through an expert witness.
Definition for Murder, Manslaughter and Negligent Homicide in relation to Criminal Homicide
Criminal Homicide Defined (A)A person is guilty of criminal homicide if that person purposefully, knowingly, recklessly, or negligently causes the death of another human being.
Murder (A)Criminal homicide constitutes murder when: 1. it is committed purposefully or knowingly; or 2. it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. (B) Murder is a felony of the first degree.
Manslaughter (A) Criminal homicide constitutes manslaughter when it is committed recklessly.
Negligent Homicide (A) Criminal homicide constitutes negligent homicide when it is committed negligently.
State v. Rich (1904)
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.
We have handed in an exhibit for the first time, what must be done?
Publish to the jury
805
Rule 805. Hearsay Within HearsayHearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule
Disclosing the Facts or Data Underlying an Expert’s Opinion
Rule 705. Disclosing the Facts or Data Underlying an Expert’s OpinionUnless the court orders otherwise, an expert may state an opinion – and give the reasons for it – without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
What does “weight not admissibility” mean? Provide an example of when to use the phrase.
How much value should be based on this evidence v. whether we should be talking about it at all
State v. Tamoe (2015)
A criminal defendant is never required to present evidence or offer an alternative theory of the crime. If a defendant does so, however, a prosecutor may note the defense’s failure to offer evidence in support of its theory of the case. Such comments do not imply that the burden of proof has shifted to the defense, nor do they necessarily constitute an infringement on a defendant's exercise of the right to remain silent.
Opposing counsel says that Avery Bancroft’s statements are admissible because he is dead. You respond with …
In order for an unavailable individual’s statements to be admissible under Midlands Rule of Evidence 804 opposing counsel must show two things. First, that the witness is unavailable under 804(a). We agree that they have satisfied that under 804(a)(4) as Mr. Bancroft is dead. However, opposing counsel must also fulfill an exception to hearsay under 804(b), which has not yet been satisfied, thus the statement is still hearsay.
Test for Relevance
Rule 401. Test for Relevant EvidenceEvidence 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.
Davis v. Adams (1993)
Trial judges must ensure that any scientific testimony or evidence admitted is not only relevant but reliable. In determining reliability, judges should consider only the methods employed and the data relied upon, not the conclusions themselves. The proponent of the evidence has the burden of proving each section of MRE 702 by a preponderance of the evidence.
What can you do to emphasize a point? List them. (There are 5, need 4 to get points)
1. Eye Contact
2. Movement
3. Volume (up or down)
4. Speed (speed up or down)
5. Tonal Inflection
State v. Deters (2009)
During the guilt phase, evidence is not relevant if it is directed solely to the penalty to be given to the defendant if found guilty. It also is improper for an attorney to comment on sentencing or discuss potential penalties during the guilt phase of the trial. Such conduct is grounds for a mistrial and may constitute conduct for which sanctions are appropriate.
Opposing counsel is attempting to impeach us. It is NOT a direct contradiction. What do we do? As both the Attorney and Witness...
Witness: Double down and say “Like I said..” etc. Remember to always remain in character try to avoid sounding like a mock trial person when you explain this.
If there’s a spot in your affidavit that affirms what you had originally said, flip to it and point it out.
Attorney: Let your witness handle their business. If they are done whooping their crossing attorney, or need help, obj to 801 – this is hearsay as the statements contained in this witness' affidavit are being used for the truth of the matter asserted as there is no direct contradiction...
The character evidence form pertains to which rule? Explain the rule.
The character evidence form pertains to which rule? Explain the rule.
Rule 608. A Witness’s Character for Truthfulness or Untruthfulness
(a) Reputation or Opinion Evidence. A witness’s credibility may be attacked or supported by
testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
Comment: Written notice is required in civil and criminal cases. In lieu of rebuttal witness availability, if the party attacking the character of the witness for truthfulness is the defense and the witness is a plaintiff/prosecution witness, the defense must first notify opposing counsel in writing at the Captains’ Meeting of the intention to offer such evidence. If such notice is given, the form included with these Rules of Evidence should be completed and presented to the judges with the ballots, and the plaintiff/prosecution may offer evidence of truthful character during its case-in-chief.
(b) Specific Instances of Conduct. Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
(1) the witness; or
(2) another witness whose character the witness being cross-examined has testified about
State v. Richardson (2017)
It was not an abuse of discretion for the trial court to allow the forensic pathologist to testify to the cause and manner of death even though the pathologist was not tendered as an expert prior to providing her testimony. Unlike other jurisdictions, Midlands does not require a party to “tender an expert” before eliciting an expert opinion. Whether MRE 702 foundational requirements have been satisfied is an evidentiary determination that rests within the sound discretion of the trial court
What tasks need to be completed by the members of a team after captains and before the round starts? (I listed 9 things, you need 6 to get the points)
State v. Wiseman (1975)
The beyond-a-reasonable-doubt burden does not apply to threshold matters involving the admissibility of evidence. In Midlands, the proponent of evidence need only prove these evidentiary matters by a preponderance of the evidence (i.e., it must establish that all elements are more likely than not true). statements are not admissible under MRE 801(d)(2)(E). Such statements, however, may still be admissible under MRE 803 and MRE 804 as well as for non-hearsay reasons
We are the plaintiff and opposing counsel starts attacking our witnesses' credibility on cross. However, they DID NOT submit a character evidence form. What do you do?
Object to rule 404, Improper Character Evidence.
Prior to today's trial, the defense had the opportunity to give us notice if they were going to offer any evidence regarding the credibility of our witnesses under rule 608, which pertains to the truthfulness or untruthfulness of witnesses. They did not provide us with that written notice, and that notice is required in Midlands. As such, the exception for 608 has not been met, and this is improper character evidence.
MAKE THE JUDGE LOOK AT THE COMMENT UNDER 608(A). IT SPELLS IT OUT.