Confrontation Clause

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People v. Moreno; defendant forfeits his Sixth Amendment right of confrontation if he wrongfully keeps a witness from testifying at trial, but it must be proven defendant's actions were intended to make witness unavailable; confrontation clause.

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Dallas County v. Commercial Union Assurance Company

Ancient document. Hearsay evidence may be admissible if there is no other way of proving facts in hearsay statement and if there are circumstances that show evidence is trustworthy enough without need for cross examination.

Idaho v. Wright

Trustworthiness of an out of court statement must be determined based on totality of circumstances that surrounded making of statement, without considering facts that may corroborate statement. Bootstrap.

Chambers v. Mississippi

State evidentiary rules may not be applied in such a manner as to deny a defendant right to present witnesses in his own defense.

Daubert v. Merrell Dow Pharmaceuticals, Inc.

Expert testimony must reflect scientific knowledge must be relevant to proposing party's case. Daubert test.

People v. Lynes

Authentication. Evidence may be authenticated by circumstances that permit drawing of inferences that evidence is what proponent claims. Post hoc.

Shepard v. United States

Declaration of person's state of mind is inadmissible to prove the actions of someone other than the declarant.

Forfeiture By Wrongdoing

Giles v. California; Forfeiture by wrongdoing applies only when defendant engaged or acquiesced in wrongdoing that was intended to, and did, procure unavailability of declarant as witness; domestic volence.

Affidavits That Support Search Warrants

U.S. v. Tzannos; There is a presumption of validity with respect to affidavits supporting search warrants; ex parte; franks hearing; in camera.

Rebuttable Presumption

In re Nicholas H; The presumption that a man holding out a child as his own is the parent of that child is rebuttable, by clear and convincing evidence that is not the biological parent; presumption of paternity; rebuttable presumption.

Excited Utterance Exception to Hearsay

United States v. Arnold; May admit an out-of-court statement for truth of the matter asserted if the statement relates to a startling event or condition and was made while declarant was under the stress of excitement caused by the event or condition.

Innocence Project

Peterson v. Bernardi; DNA evidence; testing evidence to prove innocence of convicted prisoner.

Dying Declaration

R. v. Perry; dying declaration hearsay exception requires expectation that death is imminent.

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