EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Friday, July 26, 2013

Salinas v. Texas, Indiana Rule of Evidence 617 & The Recording of Custodial Interrogations

Here's an interesting article about the Supreme Court's recent opinion in Salinas v. Texas and its holding that

When petitioner had not yet been placed in custody or received Miranda warnings, and voluntarily responded to some questions by police about a murder, the prosecution’s use of his silence in response to another question as evidence of his guilty at trial did not violate the Fifth Amendment because petitioner failed to expressly invoke his privilege not to incriminate himself in response to the officer's question.

According to the article, Frances Watson, a professor at IUPUI’s Robert H. McKinney School of Law, Salinas 

could lead to more informal questionings where it becomes the suspect’s word against the police. In Indiana, this is less of a problem since Rule of Evidence 617 requires such questionings to be electronically recorded.

Let's take a closer look at Indiana Rule of Evidence 617.

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July 26, 2013 | Permalink | Comments (0) | TrackBack (0)

Thursday, July 25, 2013

Federal Defender Service Funding Petition

Fredrick Vars, Associate Professor, University of Alabama School of Law, is managing a petition drive to limit the effects of sequestration on the Federal Defender Service.

Information on how to sign the petition available:  here

July 25, 2013 | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 24, 2013

Meanness in This World: How Nebraska's Sexual Character Evidence Rule Differs From Its Federal Counterpart

Last fall, I wrote an essay, Bullshit!: Why the Retroactive Application of Federal Rules of Evidence 413-414 and State Counterparts Violates the Ex Post Facto Clause. The essay argued that the Supreme Court of Nebraska's retroactive application of Nebraska Rule of Evidence 414(1) violated the Ex Post Facto Clause. In today's post, I wil actually say something nice about Nebraska's Rule.

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July 24, 2013 | Permalink | Comments (1) | TrackBack (0)

Tuesday, July 23, 2013

Three Forthcoming Articles of Interest: Limits on Forensic Testimony; Deliberative Privilege; and Admissibility of Facebook "Likes"

Likelihoodism, Bayesianism, and a Pair of Shoes

David H. Kaye (Penn State Law)

Jurimetrics, Vol. 53, No. 1, Fall 2012

 The Government's Increasing Reliance on — And Abuse of — The Deliberative Process Evidentiary Privilege: '[T]he Last Will Be First'

Edward J. Imwinkelried (University of California, Davis)

'Friending' the Federal Rules: An Analysis of Facebook 'Likes' Under the Federal Rules of Evidence

Molly D. McPartland

 Iowa Law Review, Forthcoming (student note)


Abstracts Below the Fold

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July 23, 2013 | Permalink | Comments (0) | TrackBack (0)

Monday, July 22, 2013

Submission Guide For Online Law Review Supplements, Version 7.0, Now Available On SSRN

Back in May 2009, I posted the initial Submission Guide For Online Law Review Supplements at SSRN. At the time, online law review supplements were a relatively new trend and a rarity at top law schools. Those days are over. By my count, there are now 49 online law review supplements, including (according to U.S. News), online law review supplements at:

∙10 of the top 10 schools;

∙19 of the top 20 schools;

∙23 of the top 30 schools;

∙28 of the top 40 schools; and

∙32 of the top 50 schools.

You can download a copy of the Submission Guide For Online Law Review Supplements, Version 7.0 by clicking here. The new additions for Version 7.0 are:

The University of Chicago Law Review Dialogue;

Cornell Law Review Online; and

N.Y.U. Law Review Online


July 22, 2013 | Permalink | Comments (0) | TrackBack (0)