Kentucky

Post on federal evidentiary issues may be of note to those practicing in federal court and those who wish to see what is on the horizon for possible changes to the state rules.  Found at Supreme Court Watch.  You will have to click on the title for the entire read.

Retrospective: Ten Key Evidence Issues In 2008

By Editor on Supreme Court Watch

A variety of evidence issues were considered in 2008, ranging from a new privilege rule, Confrontation Clause issues, and more.

As the 2008 year concludes, we look back on some of the key evidence developments and issues. There were some significant evidence matters on a number of areas, including on privilege issues, Confrontation Clause, expert testimony, legislation and more.

Here is the list of Federal Evidence Review???s Ten Key Evidence Issues From 2008, which are discussed further below:

1. New Rule: FRE 502 (Attorney-Client Privilege And Work-Product Doctrine)
2. Supreme Court: Underscoring Primary Role Of Trial Court In Making Initial Evidence Rulings: Sprint/United Management Co. v. Mendelsohn
3. Supreme Court: Giles v. California Confrontation Clause Forfeiture By Wrongdoing Decision
4. Expert Testimony: What Are The Limits Of An Expert???s Reliance On Inadmissible Or Other Materials Under FRE 703?
5. Legislation: Forestalling The Attorney Client Privilege Protection Act
6. Pending Open Issue: Whether Admitting Business Records Certified Under FRE 902(11) May Violate The Confrontation Clause?
7. Expert Testimony: Explaining Online Behavior
8. Developing Consensus: Bruton Is Inapplicable In Bench Trials
9. Legislation: Reporter Shield Law
10. Developing Consensus: Enforcing Plea Proffer Waivers Under FRE 410