Procedures
104 (a)
Judges can consider inadmissible evidence to determine if other evidence is admissible
402
Irrelevant evidence is inadmissible, but if it is relevant and otherwise admissible it can be admitted.
701
Lay witness opinion has to satisfy:
(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.
802
&
801 carveouts
802: Hearsay is not admissible unless otherwise provided:
801: (d) (2) Party opponent, (d) (1) impeachment
602
Evidence needs to be introduced that the witness has personal knowledge of the matter to talk about it (not necessarily based on own testimony). Exceptions in 703.
106
Rule of Completeness
403
Danger of any of these things, unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence, substantially outweighs its probative value.
702
Qualified expert can make opinion as long as 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.
America’s Best Cookie v. International House of Waffles
Self hearsay is still hearsay
1002
To prove writing, recording, or photograph's contents the original needs to be admitted, unless not in case packet
State v. Wiseman
Only need to prove admissibility beyond preponderance of evidence
404
(a) (1)Evidence of a 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.
(2) Exception for defendant or victim's pertinent trait, can be offered by defendant, and if so admitted then prosecution can. And the prosecutor can offer evidence that the victim in a homicide case was peaceful to rebut evidence they were the first aggressor.
(3) Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.
(b) (1) Evidence of a crime, wrong, or other act is not admissible to prove a person’s character and that they acted in accordance w/ it on specific occasion
(2) Can be used to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
703
Underlying facts or data need not be admissible for an opinion, but if they want to enter those facts they have to do reverse 403.
Name and explain your 6 favorite 803 exceptions
ie.
(1) Present Sense Impression
(2) Excited Utterance.
(3) Then-Existing Mental, Emotional, or Physical Condition.
(4) Statement Made for Medical Diagnosis or Treatment.
(6) Records of a Regularly Conducted Activity.
(7) Absence of a Record of Regularly Conducted Activity.
608 (a)
A witness’s credibility may be attacked or supported (after being attacked) based on reputation of character of truthfulness or untruthfulness, or opinion about that character
Zomerfield v. Noto
Judges can consider inadmissible evidence to determine if other evidence is admissible
405
(a) If person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or an opinion. On cross-can inquire into relevant specific instances of the person’s conduct.
(b) When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.
705
an expert may state an opinion – and give the reasons for it – without first testifying to the underlying facts or data
Chambers v. By the Book Publishing, Ltd.
Notice, if it just matter that something was said, then it is not hearsay
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, except on cross or under 609
Which exhibits are preadmitted or have objections waved
No objections to: 9, 10, 11, 12, 13, and 21
1, 8, 17, and 22 are preadmitted
State v. Nakajima
General evidence of a defendant’s good character/law-abiding nature is not admissible
The trait must be pertinent, which is a higher bar than relevant, to a particular element of the crime charged.
704
(a) not automatically inadmissible
(b) in criminal case experts can't state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense.
State v. B.F. De la Porta
If the proponent contests the TotM it can not be hearsay
615
(a) court must at request constructively sequester non parties
(b) court can
(1) prohibit disclosure of trial testimony to witnesses who are excluded from the courtroom; and
(2) prohibit excluded witnesses from accessing trial testimony