EvidenceProf Blog

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

Friday, August 5, 2022

Eighth Circuit Finds No Error With Judge Preventing For Cause Challenge to Juror Who E-Mailed Detective One or Twice a Week

A party can move to strike a prospective juror for cause based upon implied bias by the juror. One ground for such implied bias is a connection with one of the witnesses in the case. Even if the prospective juror claims that they can be impartial, the judge should grant a motion to strike if that connection is of a type that should cause the judge to disregard the prospective juror's claim of impartiality. Given this, I'm not quite sure how the Eighth Circuit found the judge in United States v. Farrington, 2022 WL 3024690 (8th Cir. 2022), properly denied a for cause challenge.

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August 5, 2022 | Permalink | Comments (1)

Wednesday, August 3, 2022

Court of Appeals of Mississippi Finds Rule 801(d)(1)(C) Only Applies to Technical Identifications

Similar to its federal counterpart, Mississippi Rule of Evidence 801(d)(1)(C) provides an exclusion to the rule against hearsay when

The declarant testifies and is subject to cross-examination about a prior statement, and the statement:....

(C) identifies a person as someone the declarant perceived earlier.

So, what types of identifications are admissible under Rule 801(d)(1)(C)? That was the question addressed by the Court of Appeals of Mississippi in its recent opinion in Bays v. State, 2022 WL 3038838 (Miss.App. 2022).

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August 3, 2022 | Permalink | Comments (0)

Tuesday, August 2, 2022

LSU Law Center Seeks an Evidence Professor

LOUISIANA STATE UNIVERSITY, PAUL M. HEBERT LAW CENTER seeks to hire tenure-track or tenured faculty in a variety of areas, including, but not limited to, faculty who have expertise in business law, civil & comparative law, civil procedure, constitutional law, contracts, criminal law and procedure, evidence, family law, professional responsibility, and property. Applicants should have a J.D. from an ABA-accredited law school (foreign equivalencies will also be considered), superior academic credentials, and a demonstrable commitment to the production of quality scholarship, as well as a commitment to outstanding teaching. 

Louisiana State University is an R1 land, sea, and space-grant university with a footprint across the state of Louisiana. It is one of only eight universities in the nation with a law school, dental school, medical school, veterinary school, and an elite MBA program. The LSU Law Center, the flagship state law school of Louisiana, is part of LSU A&M’s campus, located in the state capital, Baton Rouge. See more about LSU, including links to the area, at https://lsu.edu/visit/index.php.

LSU is committed to providing equal opportunity for all qualified persons in admission to, participation in, or employment in the programs and activities which the University operates without regard to race, creed, color, marital status, sexual orientation, gender identity, gender expression, religion, sex, national origin, age, mental or physical disability, or veteran’s status. LSU is committed to diversity and is an equal opportunity/ equal access employer. LSU believes diversity, equity, and inclusion enrich the educational experience of our students, faculty, and staff, and are necessary to prepare all people to thrive personally and professionally in a global society. To learn more about how LSU is committed to diversity and inclusivity, please see LSU’s Diversity Statement and Roadmap.

Please note that applicants must apply through the LSU Career Opportunities website. Only those persons who apply online will be considered for employment. Please apply using the following link: (https://lsu.wd1.myworkdayjobs.com/LSU/job/0400-Hebert-Law-Center/Assistant-Professor-of-Law-Associate-Professor-of-Law-Professor-of-Law_R00069560). Applications should include a letter of interest, resume including a list of three references, research agenda, and, if available, teaching evaluations.  

Questions may be directed by email to Ms. Pamela Hancock, the LSU Law Center’s Coordinator of Administration, who assists the Faculty Appointments Committee (phancock@lsu.edu). 

August 2, 2022 | Permalink | Comments (0)