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Home > Case Law > Evidence  >  Kumho Tire Company v. Carmichael
Kumho Tire Company v. Carmichael
Kumho Tire Company v. Carmichael Cartoons

Kumho Tire Company v. Carmichael

All expert testimony must be evaluated to determine if it has connection to relevant inquiry and reliable basis in knowledge and experience of relevant discipline.
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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.
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General acceptance is not precondition to admissibility of scientific evidence as long as expert testimony rests on reliable foundation and is relevant to issues in the case.
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Expert testimony must reflect scientific knowledge must be relevant to proposing party's case. Daubert test.
Simms v. Dixon
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Foundation; authentication. Photograph is authenticated for evidentiary purposes if witness with knowledge of facts is able to testify that photograph is correct portrayal of those facts. Foundation.
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Seiler v. Lucasfilm
Best evidence rule. When contents of written document or equivalent are at issue, contents must be proved by original document unless original is unavailable for some reason that is not fault of proponent. Infringement.
Swidler and Berlin v. United States
Swidler and Berlin v. United States
Attorney client privilege survives death of client. Independent counsel.
Campbell v. Delbridge
Campbell v. Delbridge
Emotional distress; issues in medical malpractice case that are only peripheral to medical decisions do not require expert testimony.
Unavailable Witness Hearsay
Unavailable Witness Hearsay
United States v. Gray; killing witnesses; a defendant who wrongfully and intentionally renders a declarant unavailable as a witness in any proceeding forfeits the right to exclude, on hearsay grounds, the declarant's statements.
Judicial Notice of Fact
Judicial Notice of Fact
Fielding v. State; When a court takes judicial notice of a fact in a criminal case, the court must instruct the jury that it may, but is not required to, accept as conclusive any fact so judicially noticed; directed verdict; harmless error; jury instruction.
Clergy Privilege
Clergy Privilege
In re Grand Jury Investigation; confessional; confessor; clergy communicant privilege; confidential relationship; priest; minister; clergyman.
Emergency Statements
Emergency Statements
People v. Sergio; Tarasoff exception; statement to the EMT ambulance drivers were not doctor patient privilege; physician patient privilege.
Doctor Patient Privilege
Doctor Patient Privilege
United States v. Tome; physician patient privilege; statement to physician; hearsay rule; information required for diagnosis or treatment; Fed. R. Evid. 803(4).