Daubert v. Merrell Dow Pharmaceuticals, Inc.

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

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Bruton v. United States

Admission of joint defendants' confession violates other defendants rights under Confrontation Clause, even if limiting instruction is given to jury. Cautionary instruction.

Cruz v. New York

Confessions of nontestifying co-defendants are inadmissible, even if they interlock with defendants own confession.

Hygh v. Jacobs

Expert testimony is not allowed on legal conclusions that are to be reached by jury.

In Re Melton

Expert opinions may be based on hearsay that meets minimum standards of reliability. Civil commitment.

Swidler and Berlin v. United States

Attorney client privilege survives death of client. Independent counsel.

Commonwealth v. Stockhammer

When defendant requests access to privileged records, counsel for defendant should be allowed to examine records in order to determine what is necessary for defense.

Trammel v. United States

Witness may be neither compelled to testify nor barred from testifying against his or her spouse. Privilege for marital communications; marital privilege.

Shepard v. United States

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

Character Evidence

United States v. Whitmore; Rule 608(a); party may introduce reputation or opinion evidence of a witness's character for truthfulness only if character witness is acquainted with witness, his community, and circles in which he has moved.

Silence May or May Not Be Admissable Testimony

Wilson v. Clancy; Under Fed R. Civ. P. 56(c), in order to create a triable issue of fact, affidavits must contain evidence that would be admissible at trial; affidavit; inference; joint tenancy; right of survivorship; summary judgment.

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.

Unavailable Witness

United States v. Duenas; similar motive to cross-examine required; former testimony inadmissible; deceased declarant; hearsay rule.

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Daubert v. Merrell Dow Pharmaceuticals, Inc.

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