RoE
Definition of ultimate issue
An opinion or inference testimony that embraces an issue to be decided by the trier of fact.
401
Relevance (definition)
Sharon loses their first trial at Moakley
We are going to Moakley with the expectation that we will make it to Faneuil Hall!!
“MILK OF THE LAND-Pure Almond, Nothing more, nothing less.”
Milk carton exhibit
On what date did Ava Mirue die?
August 26, 2025
Who counts as a party opponent in this case?
ONLY the defendant, Aud Raysau.
201
Leading
After an objection is raised, counsel responds with “Your Honor, per rule 102, this question is not leading as it was made to provide background information for the court.”
Rule number (102 is scope of objections, 201 is leading)
“[I] am divorced. I have no children.”
Aud Raysau (affidavit)
Highest state court in Massachusetts.
Massachusetts Supreme Court.
Why is character evidence typically inadmissible?
Propensity to act does not use true facts to the present case in order to judge the defendant in their actions, and has a high prejudicial likelihood.
403
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
The case packet is updated to include information about Aud Raysau stating, “I hate Ava Mirue!”, located in Quinlin’s affidavit. The direct lawyer asks Quinlin a question regarding that statement, and uses the hearsay exception statement against interest to back the testimony.
Statement against interest applies ONLY when the declarant is unavailable; Aud Raysau is available to testify in court.
“...she would only drink bottled Fiji water, wanted fresh flowers in her dressing room every day…”
Bailey Park stating Quinlin’s interview (affidavit)
How many judges does the highest court of the United States have?
9 Justices (SCOTUS)
304
A witness on cross may not be impeached for failing to adopt facts from another affidavit or exhibit if they elect not to adopt such facts.
703
The facts or data supporting an expert’s opinion need not be admissible in evidence provided that they are of a type reasonably relied upon by experts in the field in forming opinions or inferences.
Prosecution wants to enter a police report of a burglary case into evidence, and requests the witness to identify parts of the report. The witness states that the record contains basic information about the incident, and also how the witness told his children to hide in their bedroom.
(502) The exhibit has not been entered into evidence, so the witness may not testify to the specifics of what is written in the document.
This person signed their affidavit under the pains and penalties of perjury on this 31st day of October, 2025
Dana Smith
Example of a statement offered NOT for the truth of the matter.
Effect on listener, circumstantial evidence towards declarant’s state of mind, etc.
Definition of a statement against interest.
Statement which was at the time of its making so contrary to the declarant’s interest that a reasonable person in the declarant’s position would not have made the statement unless believing it to be true.
801 d1a
A statement is not hearsay if the declarant testifies at the trial and is subject to cross-examination concerning the statement and the statement is: inconsistent with the declarant’s testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in an affidavit (Hearsay definition, prior statement by witness)
A witness on stand answers a question in an unexpected way, and the cross lawyer subsequently asks “Would you like me to refresh your memory?” in an attempt to start impeaching the witness.
Refreshing a witness’ memory is different from impeaching (503 vs. 505)
What medical treatment for ARVC did Ava Mirue REFUSE to take?
An implantable cardioverter-defibrillator (ICD)
What does the fifth amendment of the US Constitution state?
Right to due process, grand jury in capital crimes, self-incrimination, double jeopardy, just compensation for seized property.