evidence

Is Hearsay is Still Admissible in Maryland if the Identify of the Declarant is Unknown?

August 30, 2010 22:31

This criminal defense issue arises in situations where an unknown person makes a 911 call and the prosecutor tries to use the tape against a criminal defendant at trial. In State v. Parker, 365 Md. 299 (2001), the Maryland Court of Appeals confronted the issue of whether the statements of two...

You Cite My Paper, I'll Cite Yours

August 30, 2010 16:07

The Scholarly Kitchen Blog discusses why one needs to understand statistics and such--or at least have a trusted acquaintance who can explain the field. In his post Reference List Length and Citations: A Spurious Relationship, blogger Philip Davis investigates the...The Scholarly Kitchen Blog...

A Mediator Cannot Confirm the Terms of the Settlement Reached Without a Waiver under California Evidence Code ยง 703.5

August 25, 2010 18:36

In a case brought to enforce a settlement reached at mediation, a dispute arose about the final terms of the settlement reached. One of the parties offered the declaration of the mediator to confirm the accuracy of the attached agreement. In Radford v. Shehorn, the Second District Court of Appeal...

Construction Claims and Catch 22: Spoliation vs. Remediation

Ron White
August 23, 2010 23:58

It is one thing to assert construction claims; it is another thing to prove your case with admissible evidence. Therefore, those who intend to litigate construction claims must keep Steven Covey's advice in mind: Begin with the end in mind. This mindfulness must begin prior to the commencement...

There is likely no duty to defend an insured who is sued for a civil assault

August 20, 2010 22:43

An appeal from a judgment declaring that an insurance company had a duty to defend its insured for civil assault and battery.  The appeal was allowed.  The Court of Appeal concluded that there was no duty to defend the respondent. Meadows v. Meloche Monnex Insurance Brokers Inc., June 2,...