Cases We are Responsible for Flashcards
(25 cards)
What are the 17 cases we are responsible for?
- *Pena-Rodriguez
- Abel
- Luce
- Harris
- Havens
- Doyle
- Hillmon
- Williamson
- Daubert
- Kumho Tire
- Bruton
- Crawford
- Davis
- Giles
- Meyers
- Diaz
- Barber*
Summarize the facts of the Pena-Rodriguez case
Racist juror case
What was the holding in Pena-Rodriguez?
It is possibel to inquire about juror deliberations when there is a credible report of a racist comment
Summarize the facts of the Abel case
Aryan brotherhood case
What was the holding in Abel (2 main points)?
- Bias is always relevant and we will tolerate a high degree of prejudice with bias evidence.
- All FRE rules are independent avenues for admissibility
Summarize the facts for the Luce case
Pre-trial motion in limine case
What was the holding in Luce?
A pretrial motion in limine to exclude a conviction is not enough to preserve the issue for appeal.
We need the D to take the stand, get impeached, and then object during trial.
Summarize the facts in Harris
Impeachment with prior inconsistent statement that was unmirandized. Harris was interrogated and then confessed without miranda rights. Then he stestified and denied he did the crime at trial.
What was the holding in Harris?
An un-mirandized post-arrest statement cannot be used in the government’s case in chief, unless the defendant testifies and says the opposite.
Summarize the facts in Havens
Same as harris but for physical evidence
What is the holding in Havens?
unlawfully seized physical evidence is not admissible in the government’s case-in-chief, unless the defendant testifies and contradicts the physical eviedence, thereby opening the door,.
What was the question in the Doyle case
Whether silece following Miranda warning are admissible
What was the holding in Doyle?
Post-miranda silence is inadmissible as an adopted, tacit admission
Summarize the facts of the Hillmon case
involves people crossing the country and one of the guys kills the other guy and then presents that corpse as the killer’s own body - who was that guy? walters who was found in great plains? The question was whether intent to do something falls within state of mind exception
What was the holding in the Hillmon case?
We’ll allow out-of-court statement by a declarant who reveals their then-existing state of mind (became state of mind hearsay exception under self-referential)
A statement of intent to do something in the future is admissible to prove the person acted in conformity with that intent
What was the holding in the Williamson case
A post-arrest statement to law enforcement naming a co-defendant is not a statement agaisnt interest.
We will only admit the portion of that statement that is self-inculpatory and omit the portions incriminating the others
What was the holding in the Barber case?
The government needs to make a good faith effort to get a prisoner in another state for purposes of unavailability
Can someone check if this is right?
What was the holding in the Bruton case?
A post-arrest statement by one D implicating today’s D is not admissible without cross
What was the holding in the Davis case?
Statements elicited by police in the course of investigating an ongoing emergency are not testimonial
What was the holding in the Giles case?
Merely killing someone is not alone sufficient to extinguish confrontation rights under the forfeiture doctrine because forfeiture requires specific intent.
What was the holding in the Meyers case?
The mere fact that a recording is out there doesn’t foreclose testimony of what someone say
Meyers exemplified the incidental recording exception to best evidence doctrine: To prove someone lief before Congress, a party could call a live witness to testify on what they perceived, even though there was a transcript memorializing that lie
What was the holding in Hammon
Statements elicited by officers when there is no longer an ongoing emergency are testimonial
What was the holding in Daubert?
Scientific evidence is inadmissible unless it is both helpful and reliable. Relibility=reliable input, reliable method, and reliable application.
What was the holding in the Kumho Tire case?
Daubert test applies to non-scientific evidence