Midlands Rules of Evidence
This exception to hearsay states that statements made by the opposing party are admissible.
What is rule 801(d)(2)
Exhibits 6, 7, 10, 11, 12, 18, 20, 21, 37, and 42 are pre-admitted. Both parties further stipulate that all pre-admitted exhibits may be used (or referred to) during opening statements.
What is Stipulation 6?
This witness would rather shop for private jets then attend her father's funeral
Who is Taylor Hopson
This exhibit is a receipt from Scher's Tools and Crafts showing the purchase of Sunglasses, Sunblock, Tea, and Concentrated Banana Extract
What is exhibit 31?
This case states that the labels of commercially sold products are not considered hearsay
What is Petrillo v. Martini and Peony Estates
"Statements that describe or explain an event or condition, made while or immediately after the declarant perceived it, is admissible under this exception"
What is hearsay exception 803(1)
All hearsay objections have been waived to Exhibits 22, 23, 24, and 35. Nothing in this stipulation speaks to the authenticity of those exhibits.
What is Stipulation 7?
This witness has a brother who is a degenerate gambler
Who is Harley Kim
The date of the Hahndorf Excursion
What is April 23rd?
This case held that "Identification is a permissible non-hearsay purpose for a statement. Where a statement is not being used for the truth of the matter asserted but is instead being used to identify a particular object, the statement is being used for identification. For example, if a license plate is being used to identify a particular car, the statement on the license plate is admissible as non-hearsay."
What is Farrant v. Westaway?
This rule states that documents or statements that are records of regularly conducted activity are admissible.
What is rule 803(6)
Exhibits 40 and 41 are commercially sold products.
What is stipulation 10?
These witnesses can only be called by the defense
Who is Alex Silva, Dana Haskins, and Taylor Hopson.
The name of the Newspaper that published an article about the Black Bear Casino fire
What is the Midlands Courier Gazette?
This case ruled that "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"
What is Richards v. Mississippi BBQ?
"A witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony"
What is rule 612
If Dr. Hillary Edmund is testifying, all objections have been waived to Exhibit 19a, and both parties agree that no additional foundation is necessary for admission. If Dr. Edmund is testifying, Exhibit 19a may be entered at any time after the conclusion of opening statements.
What is Stipulation 12?
This witness was sued for defamation by Avery Bancroft
Who is Ashley Connel
The exhibit that portrays an image of Avery Bancroft's medallion
What is exhibit 17?
"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 is Davis v. Adams?
The four prongs that a witness must fill before being able to provide expert testimony. (Hint, what are the 4 prongs of rule 702)
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
d) ) the expert has reliably applied the principles and methods to the facts of the case
Following Avery Bancroft’s death, the Australian Federal Police searched the Platinum Section of Train 1985 of the Mid-Riverina Express. They found the following Exhibits in Cabin 1: 6, 16b, 20, 22, 30, 34b, 35, and 37. They found Exhibits 16c, 34a, and 42 in Cabin 3. They found Exhibit 31 in a trash can in the lounge. Staff for the Mid-Riverina Express provided the Australian Federal Police with copies of Exhibits 10, 11, and 12.
What is Stipulation 26?
These witnesses were mentioned by name (FULL NAME) in Avery Bancroft's burn book/memoir (exhibit 35)
Who is Ashley Connel, Harley Kim, and Dana Haskins?
The statement from Exhibit 37; a document made from cut-up newspaper clippings.
"Time to pay for your choices, confess or burn!"
"Testimony about a psychological condition does not constitute “[e]vidence of a person’s character or character trait,” the only evidence excluded by MRE 404(a)(1). The fact that a person suffers from a medically recognized psychological disorder is not character evidence any more than the fact that a person has a physical condition that would make it easier or harder for them to perform a given act."
What is Estate of Hamilton v. Walton?