Under the Federal Rule of Evidence 404, the rule is that the government cannot use propensity evidence of a defendant's past actions (i.e., just because he did something bad in his past, that means he did it again). However, there are exceptions to this rule. One is
In a lengthy Fourth Circuit Court of Appeals case (United States v. Benson, No. 18-4539, 2020 WL 1966843 (4th Cir. Apr. 24, 2020)), the court examined …
"Federal Rule of Evidence 106 is called the "rule of completeness." It attempts to prevent an unfair portrayal of a piece of evidence when presenting t…
Under the Federal Rules of Evidence, if party wants to qualify a witness as an expert then they will look to FRE 702. The federal court will apply what…
In 2018, SCOTUS ruled that individuals have a legitimate expectation of privacy in Cell Site Location Information (CSLI) and that the State would need …
During a criminal trial, if there is an eye witness to the crime, then it will be very likely that the defense will make a motion to hold a Neil v. Big…
Rule 1006 allows for parties to introduce summaries of evidence when the underlying evidence is extremely voluminous. In State v. Warner, Judge Hill de…
In this recent S.C. Court of Appeals case, Judge Hill gives a deep and thorough refresher on expert evidence and how a trial judge should evaluate if t…
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